Do I have to repay my maternity pay if I don't go back to work?

Some employers offer contractual maternity pay that can be better than Statutory Maternity Pay (SMP) and this is something that trade unions can negotiate with employers. If you receive contractual maternity pay and you decide not to return to that job, you only have to repay it if it was agreed in advance or specifically stated in your maternity policy or your contract. In these cases, you would only have to pay back the extra contractual pay, not the SMP part of your maternity pay.

Some employers offer new mothers a lump sum of money after they have returned to work after maternity leave and stayed there for a period of time. This is obviously not something a new mother would qualify for if she did not return to work after maternity leave. This is not an ideal situation for mothers, as they often need the money when they are on the leave, not once they have returned to work, but it is legal.