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
Arthur Cox
Arthur Cox
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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

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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.

Arthur Cox
Arthur Cox

The main content of this article was provided by Arthur Cox. Contact telephone number is +44 28 9026 2673 or email

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