Repaying enhanced maternity pay (England)
I’m not sure if this is the correct place to post this, but I’m currently on maternity leave at M&S and have worked there since August 2023. My plan is not to return after as the cost of childcare would take pretty much all of my wage so it just makes sense for me to stay home. M&S offers an enhanced maternity pay
Weeks 1-6: either full pay or 90% of your average earnings (whichever is the highest)
Week 7-26: full basic pay
Week 27-39: either SMP or 90% of your average earnings (whichever is the lowest)
Weeks 40-52: No pay entitlement
However I was told this from my manager “It’s 6 months full pay, 6-9 months is half pay and then 9 months to a year is government pay.” The first one is what I think is correct.
Anyway, I never received a physical contract, and have scoured my hr and everything online for it but I cannot find it. The ONLY piece of information that I could find across everything regarding not returning to work is this
“Not Coming Back?
If you decide not to return to work, simply resign in writing, giving us
the notice period provided within your contract or the Notice Period
Policy. M&S will pay your remaining SMP (if any) as a lump sum.”
Absolutely nothing is stated that repaying enhanced maternity pay is required
So I was wondering, if nothing is stated, then would it be “illegal”, for lack of a better word, for them to try and make me when I leave?