Can an employer recoup maternity pay if an employee does not return for 6 month’s work after the maternity leave ends?Posted in : First Tuesday Q&A NI on 7 October 2014
The answer depends on whether the employee is paid contractual maternity pay over and above the statutory minimum entitlement. You cannot recoup any statutory maternity pay if the employee has not returned. If you offer a contractual rate of maternity pay over the statutory minimum rate, then, in principle, you may be able to recoup this but this will depend entirely on what your contracts and/or policies say.
Many employers set out in their contracts the circumstances in which contractual maternity pay is recoverable such as where an employee has failed to return to work for a set period after their maternity leave.
If you haven’t incorporated such provisions in your contracts or maternity
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors
Back to Q&A's This article is correct at 02/09/2015
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.