Are there any circumstances by which i have to pay maternity pay back to company i work for?

Question

this question is for a lady i work with!

Answer 1

If a woman returns early from maternity leave, after extra SMP is included in the definition of “wages” in the Employment Rights Act 1996. Therefore employers have the right to recover overpaid SMP in the same way as they can recover any overpayment of wages or salary. Employers would also have to make restitution to HMRC of any over recovery of SMP paid to her.

The new rules operate from 6 April 2005 so any arrears of SMP paid on or after this date are recoverable. An employer can recover the additional amount of SMP paid out at the reimbursement rate appropriate to the tax year in which the arrears are paid. For example, looking at 6 April 2004 when the Small Employers’ Relief Threshold increased to £45,000, any SMP payments made on or after that date would be assessed for reimbursement using the £45,000 threshold

Answer 2

was this fraud???  then yes, they may require you to pay the funds back - or, they may sue you.