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paying back OMP

Discussion in 'Pay and conditions' started by Tangit, Jun 12, 2012.

  1. When I went off on maternity leave I opted to take the 12 weeks x 50% OMP but since I've decided that I don't want to go back. However, my contract says that I have to go back for 13 weeks or pay the OMP money back. My queries are:

    a) if I go back last week of July and work 1 week + 6 weeks holiday = 7weeks, do I only have to pay back 6 weeks money (the remained that I haven't worked)

    b) do you negotiate paying in instalments and how is this done? Obviously, not working, I reckon I'll only be able to afford to pay back £100-£200 a month so it will take about 2 years to pay back. Would the LA find this acceptable? Has anyone else had to pay back and what were the conditions/instalments? The LA couldn't take it out of a salary so I presume if we couldn't agree on payments, it'd be a civil court?? matter?

    c) Worst comes to the worst, I'll need to go back til Oct half term (but then I'm worried they won't release me then and will make me work til Dec)

    Any ideas?

  2. I am quite possibly wrong, but surely if you haven't resigned yet then you won't be able to leave until Xmas now anyway (unless they agree to release you)?
    I don't think maternity leave makes any difference to the usual resignation dates.
    When does your 1 yrs worth of mat leave end?
  3. DaisysLot

    DaisysLot Senior commenter

    Maternity leave still means that the same resignation dates apply so unless you negotiate something with your head teacher you are obliged to remain in post until December now. The LEA do have the right to request the additional maternity pay you received back in a lump sum if they want to so I would advise returning and working your notice and if you return to work at the start of the holiday your pay will return to full pay for that period which is a bonus.

  4. My HT and Govs are happy to release me in October, in fact they were the ones pushing for September (quite rightly so) as they think the same as me - that the class and school would be better off with their new teacher from the beginning of the academic year.

    I think I'll need to go back for the sake of the money [​IMG]
  5. I 'unofficially' handed in my notice by the correct date but then my HT brought it to my attention about the OMP and advised me to reconsider. As they thought I'd be off possibly anyway (I've got until Jan), they weren't too fussed. We just need to get it sorted out asap for everyone's sake.
    The lump sum or instalments is my main concern - you can't get blood out of a stone! What would the LA do? Take me to court? I'm sure they'd much rather settle it out of court; I'm not unwilling to pay, I could do it over a year/18 months.
    I just wondered if anyone else had been in the same boat and if/how the LA made them pay it back.
  6. jubilee

    jubilee Star commenter

    I think they would expect you to take out a loan to pay them back in one go. They need to be able to give you a P45 at the end of your employment,detailing the earnings you have been entitled to in this tax year. They can't do that if you have kept pay that is due back. they also need to have an accurate record of your NI and pension contributions for the tax year.
    If the school agree an end of october finish date, you could go back for a week at the end of the summer term (to start full earnings with few planning/marking demands, if any), then earn over the 6 week summer break, making 7 weeks out of the 13 return weeks retired for protecting the OMP received.
    You will then have just short of 8 or 9 weeks of paid employment left depending on whether your leave date is the start of the half-term break or the end of it. That easily covers the outstanding OMP protection period.
    You do, of course, retain your full entitlement to sick pay once you have returned to work.
    I think that the entire OMP is repaid if you don't complete 13 weeks of employment, so you would only gain wages by returning for 7 weeks (term time week+ holiday period), but those wages would presumably fund the 50% OMP return.
    You might want to consider returning even earlier in July to take advantage of less demanding work weeks. Would the school be happy for you to return at the beginning of July and finish at the end of September? 1st July is a Sunday but you can nominate that as your return to employment date, just as any date in a school holiday period can be a return to work date.
  7. The difference between the occupational deal and statuatory mat pay is the following.
    12 weeks 50% pay (6 weeks full time needed to earn this)
    2 weeks 10% pay (as you had 100% pay for the first 2 weeks instead of 90%) (1 week more than covers this)
    So, if you go back for the last week of term and summer holidays and then end your contract on the 31st August (sounds like they are happy to do that) you will have earned 7 weeks full time money and will have the money you need to give them.
    Work an additional 6 weeks and you get to keep all the money.
    It would be worth phoning HR to see if you might only need to repay part of the OMP as this would leave you with a bit of extra money and no need to do the last week of term.

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