Maternity Leave Q(5 Posts)
LJGFD Mon 19-Apr-21 20:18:05
Margaritatime Mon 19-Apr-21 23:37:28
Todaytomorrowyesterday Mon 19-Apr-21 23:42:26
prh47bridge Tue 20-Apr-21 08:02:27
LJGFD Tue 20-Apr-21 11:43:43
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Say I benefit from enhanced maternity leave payments from my employer. On my return to work, they announce that they are making me redundant.
1. As they have initiated my departure, would I have to pay back my enhanced maternity leave? My contract says I need to return to work for 6 months post maternity leave, but if they make me redundant, I wouldn’t be able to do that!
2. Should I be entitled to redundancy pay on top of not having to pay back enhanced Mat leave?
I would talk to ACAS or your trade union as this will be dependent on policies and contracts.
My initial thought are, you return to work with the intention of working the required 6 months. Your employer terminates your employment due to redundancy, then they have prevented you from working the required 6 month period so you retain your mat pay.
Your redundancy pay is separate and based on your entitlement on your last day of employment. If they are trying to recoup mat pay I would seek advice. If they do this consider lodging a claim to recoup the money deducted.
Not sure what your company or contract may mean for you. But having experienced myself I didn’t have to pay back the enhanced maternity pay & I got all the accrued holiday as an addition payment separate from my redundancy payment.
1. Unlikely. I doubt the courts would support them making you pay back your enhanced maternity pay in this situation.
2. Yes. You are entitled to redundancy pay by law.