Maternity Pay Repayment
Police Regulations 2003 • Occupational Maternity Pay (OMP) • Repayment Risk • Independent Explainer • Not Legal Advice
Featured Definition
What is the One-Month Return Rule?
"The one-month return rule is a contractual condition within the Police Service UK which mandates that an officer must return to active duty for a minimum of one calendar month following their maternity leave. Failure to meet this requirement entitles the Chief Officer to recover the 'Occupational' element of the maternity pay (OMP) – but notably, not the Statutory Maternity Pay (SMP)."
Section 01
The Core Rule Explained
The 18-Week Exposure
Most forces pay 18 weeks of full Occupational Maternity Pay (OMP). This is the payment at risk. If you do not return for one month, the force can reclaim the difference between your full pay and the statutory rate for those 18 weeks.
Calendar vs Working
The rule specifies a "calendar month," not a number of shifts. If you return on June 1st, your obligation is complete after June 30th, regardless of how many rest days or leave days fell in that period.
The SMP Shield
Statutory Maternity Pay (SMP) is a legal right funded by the government. Police forces are strictly prohibited from reclaiming SMP, even if you never return to work for a single second.
Snippet Target
"What is the one-month return rule for police maternity pay?"
The one-month return rule requires UK police officers to remain in service for at least one calendar month after maternity leave ends. Failure to do so allows the force to recover the Occupational Maternity Pay (OMP) top-up (typically weeks 1-18) that was paid above the Statutory Maternity Pay (SMP) rate.
Section 02
What Counts as a Valid Return?
| Scenario | Valid Return? | Technical Notes |
|---|---|---|
| Full-time return | Yes | The standard baseline for compliance. |
| Part-time return | Yes | Reduction in hours does not invalidate the "return" status. |
| Certified sick leave | Conditional | Usually counts if medically certified by a GP or Occupational Health. |
| Annual leave bridging | Varies | Allowed in most forces but requires HR sign-off as a "return to payroll." |
| Phased return | Yes | Recommended to manage the transition; fully compliant. |
| Single shift resignation | No | Failure to complete the full calendar month triggers clawback. |
| Restricted duties | Yes | Operational status is not a requirement for the return rule. |
| Career break start | Varies | Often requires the month to be worked *before* the break begins. |
Section 03
Sick Leave & Equality Protection
One of the most complex areas of the one-month rule involves officers who intended to return but are medically unfit to do so. Under **The Equality Act 2010**, forces must exercise extreme caution when attempting to claw back pay from an officer who is suffering from postnatal depression or other pregnancy-related complications.
If you are medically certified as unfit for work on your intended return date, you are technically "back on duty" (albeit in a sick status). Because you are following the force's sickness policy and are available for work (but for your illness), most legal interpretations suggest this period satisfies the return criteria.
Snippet Target
Does sick leave count toward maternity return?
In the majority of UK police forces, certified sick leave immediately following maternity leave counts toward the one-month return requirement. As long as the officer is on the active payroll and complies with the force sickness policy, they are deemed to have returned to duty for regulatory purposes.
Section 04
Annual Leave Bridging
Officers often accrue 6–8 weeks of annual leave during their maternity period. A common strategy is to "return" to the payroll on paper but immediately take this accrued annual leave. This allows for an additional two months of full pay while satisfyng the one-month return rule without physically stepping into a police station.
The Advantage
You continue to build pension service and receive full salary while essentially extending your time at home with your child. By the time the leave finishes, your one-month obligation is naturally discharged.
The Risk
Forces are technically allowed to refuse specific annual leave dates to meet operational needs. If they refuse your leave and you then resign, you fall into the repayment trap. Always get leave approved in writing *before* maternity ends.
Section 05
Part-Time & Flexible Return
One of the most frequent questions asked by returning officers is whether moving from full-time to part-time hours impacts the one-month rule. Under **Police Regulations 2003**, the requirement is purely a time-based condition of employment status, not a hours-worked threshold.
If you return for one calendar month on a part-time contract (e.g., 20 hours per week), you have fulfilled your obligation just as effectively as a colleague who returns for 40 hours per week. The "Payroll Presence" principle applies here: as long as you are back on the active strength of the force for 30/31 days, your OMP is safe from clawback.
Reality Check
Do not confuse the *return period* with the *pay rate*. If you return to work part-time, your salary will be pro-rata based on your new hours, but your past OMP payments (which were based on your full-time status during maternity) remain secure once that first month of part-time service is completed.
The "Return-to-Work Agreement" Trap
Ensure your flexible working request is formally approved *before* your maternity leave ends. If you resign because your force refuses a part-time return, but you haven't worked the month, you may still be technically liable for OMP repayment unless you can prove indirect sex discrimination.
Section 06
Resignation Timing Risks
Resigning During Leave
If you resign before your leave ends, you have ZERO chance of meeting the one-month rule. OMP clawback is virtually guaranteed.
The "One-Week" Fail
Returning for just one week then resigning triggers 100% reclamation of the OMP element (weeks 1-18).
The Safe Exit
Work the full calendar month, THEN submit your notice. Your OMP is legally untouchable at this point.
Notice Periods
Notice periods and the one-month return rule are separate. You cannot usually use your notice month *as* the return month if you are not "working."
Key Rule
"Clawback is calculated on the 'Top-Up' amount."
The force can only reclaim the difference between your OMP (Occupational Pay) and your SMP (Statutory Pay). They cannot reclaim the statutory portion as that is funded via HMRC and is yours by right regardless of your future service.
Section 07
8 Worked Scenarios
The Top-of-Scale Resignee
PC Alpha, on £48,000, resigns during maternity. Her OMP (18 weeks full pay) totaled ~£16,000. Her SMP entitlement was ~£5,000. **Result:** The force demands repayment of £11,000. She retains her SMP.
The 3-Week Return Mistake
PC Beta returns for 21 days, then resigns due to childcare issues. **Result:** Even though she worked 3 weeks, she failed the "calendar month" rule. The force initiates recovery of 18 weeks of OMP top-up.
Six Weeks Sick Post-Return
PC Gamma returns but is immediately certified sick for 6 weeks with PND. She resigns after 2 months of sickness. **Result:** She has fulfilled the month. Her pay is secure as sickness counts as service.
The Annual Leave Strategy
PC Delta uses 4 weeks of accrued A/L immediately after maternity. She resigns on the last day of her leave. **Result:** The force accepted the leave. She was "at work" for a month. OMP is secure.
The Part-Time Returnee
PC Epsilon returns 16 hours/week for 4 weeks then resigns. **Result:** Full compliance. She remains in possession of her full-time OMP payments.
Retirement vs Resignation
An officer retires after 30 years' service immediately after maternity. **Result:** Most forces waive the repayment rule for retirees, but this is a *discretionary* HR policy, not a statutory right.
The Force Transfer
An officer transfers to a different force immediately after leave. **Result:** Some forces view a transfer as "continuous service" and won't reclaim OMP. Others treat it as a resignation. **Critical Check Required.**
Dismissal for Misconduct
An officer is dismissed during maternity leave for unrelated misconduct. **Result:** OMP is often reclaimed as she cannot fulfill the return-to-work clause. SMP remains untouchable.
Section 08
Pension & Tax Impacts
If you are forced to repay OMP, the financial logistics reach beyond your bank balance. Repayment impacts your past tax filings and potentially your pension accrual for the preceding year.
Tax Recovery
When you repay OMP, you are repaying the *gross* amount. You then have to claim back the tax and National Insurance you already paid on that money from HMRC. This can take months to process via a Self-Assessment or P800 adjustment.
Pension Accrual
Repayment of OMP does not "unwind" the pension service you accrued during that pay phase. You were entitled to that service as an employee at the time. However, any *unpaid* portion of maternity leave remains non-pensionable unless you pay for those months later.
Expert Tip
Most forces allow repayment via a "Payment Plan" deducted from your final salary or via monthly installments. **Never agree to a lump sum repayment** if it creates immediate financial hardship.
Section 09
12 Common Mistakes
Assuming SMP is repayable (it NEVER is).
Miscounting the 'calendar month' as 28 days or 4 weeks.
Not getting flexible return hours approved in writing before maternity ends.
Resigning a week before the month completes to 'beat the system'.
Assuming sick leave doesn't count toward the month.
Confusing retirement rules with resignation rules.
Failing to account for the gross-to-net tax reclaim lag.
Ignoring notice periods in the return-to-work calculation.
Assuming force transfers waive the repayment rule automatically.
Not keeping copies of MATB1 and OMP payment schedules.
Accepting a lump-sum repayment demand without a payment plan.
Neglecting to consult with a Federation Rep before submitting notice.
Section 10
Authority FAQ Archive
How long do I actually have to return for?
One full calendar month from the date your maternity leave officially ends. If you return on a Monday, the month carries through to the same date the following month.
Can I resign while on maternity leave?
Yes, but you will trigger the repayment clause for any OMP top-up you have received. You will not have to repay SMP.
What happens if I transfer forces?
Police Regulations are national, but HR practices vary. Some forces treat a transfer as continuous service, others count it as a resignation from 'Force A' requiring repayment unless 'Force B' agrees to take on the liability (rare).
Does part-time service count?
Yes. The regulation does not specify full-time hours. A return to service on any contracted hours satisfies the one-month rule.
What if I am too sick to return?
If you are medically certified as unfit, you have technically 'returned' to the payroll but are in a sick status. This usually satisfies the rule, but you must follow force sickness procedures.
Can my force waive repayment?
Yes. Chief Officers have the discretion to waive repayment in cases of hardship or exceptional circumstances (e.g., medical discharge).
Does suspension count toward the month?
Yes. Suspension with pay is a form of service. If you are suspended upon return, you are still fulfilling your contractual presence.
What if I resign on day 29?
If the month is 30 or 31 days, resigning on day 29 is a breach. You must complete the full calendar cycle.
Can I use annual leave to meet the rule?
Most forces allow this, but the leave must be approved. If you are on approved annual leave, you are 'at work' for regulatory purposes.
Is the repayment gross or net?
The repayment is usually the gross 'top-up' amount. You then have to claim back the tax/NI you paid from HMRC.
Can I pay in installments?
Standard HR practice allows for payment plans, especially if a lump sum causes financial distress. Negotiate this via your Federation Rep.
Does the rule apply to Adoption Pay?
Yes, usually. Occupational Adoption Pay (OAP) typically carries the same one-month return-to-work clause.
What if I am redundant?
If you are made redundant during maternity (rare but possible in civilian police staff roles), the repayment rule is generally void.
Does a KIT day count?
No. A Keep-in-Touch day is during the maternity period. The return-to-work month only starts after the leave ends.
What if I have another baby quickly?
If you move from one maternity leave into another without returning, the repayment liability for the FIRST leave remains until you work a month.
Can they stop my final salary?
Yes. Forces will usually deduct any outstanding OMP from your final payslip if you resign before the month is up.
Does a 'Phased Return' count?
Yes. A phased return effectively puts you back on the active roster.
What if I return and then go on Paternity Leave?
If the other parent takes Shared Parental Leave and you return to work, your return counts toward your month.
Is 'Parental Leave' the same as 'Maternity'?
No. Unpaid parental leave does not typically satisfy the 'return to work' requirement for OMP purposes.
Can I resign and then rejoin later?
You can, but the repayment due from your first exit is usually still collectible unless a waiver was granted.
Do civil staff have different rules?
Police Staff (non-warranted) follow the Green Book or force-specific staff regulations, but the one-month rule is almost identical.
Where is this rule in the regs?
It is found in Police Regulations 2003, Annex L, which covers maternity pay and conditions.
Can I negotiate a waiver for childcare issues?
You can ask, but forces are increasingly strict. Citing 'hardship' via the Federation is the most common route.
What if I transfer to the Civil Service?
This is usually treated as a resignation from the police, triggering repayment.
Does jury service count?
Yes. If you return and are immediately called for jury service, you are still a serving officer fulfilling your month.
What if I win the lottery and leave?
The force will likely still demand the OMP back. The rule is based on service, not financial need.
Section 11
Regulatory Framework
Police Regulations 2003
The fundamental authority is **Annex L** of the Police Regulations 2003. This annex specifies that Occupational Maternity Pay is an enhanced benefit provided on the condition that the officer continues to serve for a period of one month following the expiration of the maternity leave period.
PNB/NPCC Guidance
The Police Negotiating Board (now replaced by the PRRB) and the National Police Chiefs' Council (NPCC) provide the interpretative guidance that forces use to manage payroll recovery. This guidance emphasizes that SMP must remain protected from recovery efforts.
The Equality Act 2010
Forces are legally bound to ensure that their application of the one-month rule does not constitute indirect discrimination. If an officer cannot return due to reasons protected under the Equality Act, the force must consider 'reasonable adjustments,' which may include extending the return window or waiving the repayment clause entirely.
Section 13
The Psychology of Recovery
Facing a demand for thousands of pounds during one of the most vulnerable periods of an officer's life is not just a financial issue – it is a significant psychological stressor. Many forces use a "Standard Recovery Letter" that can feel aggressive and impersonal, leading officers to believe they have no recourse.
It is vital to understand that the "One-Month Return" rule is a boilerplate contractual clause developed in an era before modern equality protections. In 2026, forces are increasingly sensitive to the "Moral Hazard" of reclaiming pay from new mothers who are struggling with mental health or childcare crises. Advocacy via the Federation is often your most powerful tool in shifting the conversation from "Debt Collection" to "Occupational Support."
Emotional Resilience
If you receive a repayment notice, do not panic. The force cannot simply "take" the money from your bank account (though they can deduct from your final salary). You have a right to a detailed breakdown and a right to appeal the decision based on hardship or medical necessity.
Section 14
Historical Context [2003-2026]
The 2003 Police Regulations were intended to bring the police service into line with modern employment standards while maintaining the "Uniqueness" of the office of constable. The one-month return rule was a compromise: officers were given significantly better occupational pay than the private sector, but forces were given the right to recoup that investment if the officer immediately exited the service.
Prior to 2003, maternity pay for police was even more fragmented. The standardization under **Annex L** created a national framework that has survived over two decades of pay freezes and austerity. However, the 2026 landscape is different; with recruitment and retention at crisis levels, many Chief Officers are now quietly weighing the value of OMP recovery against the catastrophic loss of an experienced female detective or response officer.
Section 15
Occupational Health
The Clinical-Managerial Bridge
Your Occupational Health (OH) provider is not there to decide if you owe money. They are there to assess your "Fitness for Duty." However, their report can be the deciding factor in a repayment dispute.
Medical Barrier to Return
If OH confirms that you are clinically unfit to return to *any* duties within the one-month window, the force's legal position on recovery weakens significantly. Attempting to reclaim pay from a medically unfit officer can be framed as disability discrimination.
The "Waiver" Recommendation
While OH cannot order a waiver, a strong clinical recommendation that "the stress of repayment proceedings would exacerbate the officer's condition" often forces HR departments to drop their recovery demands.
Section 16
Intensive Case Studies
The PND Stalemate
An officer with severe Postnatal Depression intended to return but could not leave her home. The force demanded £14,000 back. **Resolution:** After Federation intervention and a psychiatric report, the force granted a full 'Hardship Waiver,' acknowledging that the officer's condition made return impossible through no fault of her own.
The Flexible Fail
A detective was refused a part-time return and resigned immediately. The force reclaimed the OMP. **Resolution:** The officer sued for Indirect Sex Discrimination. The force settled out of court, realizing their refusal to accommodate a flexible return made the 'one-month rule' impossible to satisfy, creating an unlawful barrier to service.
The Transfer Trap
An officer transferred from the Met to a home counties force thinking her service was continuous. The Met demanded her OMP back. **Resolution:** The Met eventually relented after the receiving force confirmed they would not pay her *another* OMP period if she became pregnant again within a year, effectively bridging the liability.
The Holiday Bridge
An officer resigned effectively on the last day of her 3-week annual leave bridge. **Resolution:** The force reclaimed 100% of her OMP. Lesson: She should have waited until day 31 of her "return" to submit her notice to ensure the calendar month was fully discharged on the payroll.
Section 17
Legal Protections
Beyond the Police Regulations, three key pieces of UK legislation provide a safety net for officers navigating the one-month return. Understanding these is critical if you face a recovery demand that feels unfair or discriminatory.
Section 18
Repayment Audit Checklist
Confirm the 'One-Month' date is mathematically correct.
Verify the recovery amount is ONLY the OMP top-up.
Check if the officer was on approved sick leave during the month.
Request any Occupational Health reports relevant to the period.
Ask for a breakdown of the gross-to-net calculation.
Inquire whether a hardship waiver has been considered.
Confirm if the officer has a Flexible Working Agreement in place.
Review previous 'custom and practice' for similar cases in force.
Identify if the officer is transferring to another force.
Section 19
Manager Relations
Your line manager often has no idea that the one-month rule exists. They may assume that if you return for one day, you're "back." This mismatch can lead to administrative errors. It is your responsibility to ensure your line manager confirms your "Active Presence" on the force systems from day one of your return.
Communication Strategy
"Return with a Paper Trail."
Send a simple email to your Sergeant and HR on your first day back: "Confirming I have returned to duty today, [Date], following maternity leave." This timestamped record is invaluable if a payroll clerk later claims you didn't return until a week later.
Section 20
2026 Predictions
Abolition Efforts?
There is growing pressure from the Police Federation and the Superintendents' Association to abolish the one-month return requirement entirely, citing it as an antiquated barrier to female retention. While the rule remains in 2026, we predict it will become a 'Discretionary' rather than 'Mandatory' clawback by 2028.
Digital Auditing
Forces are moving toward automated 'Payroll Exception' reports. If your GRS or CARM status isn't updated within 48 hours of your return date, an automated recovery trigger might be sent to your force finance department. Early manual intervention is more critical than ever.