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
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