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Maternity Pay Clause

  • 26-07-2016 3:14am
    #1
    sareer
    Registered Users, Registered Users 2 Posts: 168 ✭✭


    My company's HR policy states that if anyone is paid the three months maternity pay and then resigns within a year of returning from maternity leave, the company *may* demand these three months to be paid back. Is that legal in Ireland?


Comments

  • #2
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    sareer wrote: »
    My company's HR policy states that if anyone is paid the three months maternity pay and then resigns within a year of returning from maternity leave, the company *may* demand these three months to be paid back. Is that legal in Ireland?

    Yes. Any payment in excess of maternity benefit provided by the State is completely at the discretion of the employer. They can put whatever conditions they want on any top ups.


  • #3
    GerardKeating
    Registered Users, Registered Users 2 Posts: 7,805 ✭✭✭GerardKeating


    sareer wrote: »
    My company's HR policy states that if anyone is paid the three months maternity pay and then resigns within a year of returning from maternity leave, the company *may* demand these three months to be paid back. Is that legal in Ireland?

    If they give you anything in excess of legal minimums (extra maternity payments, training, annual leave etc) , they can attached reasonable conditions, and you have the choice of accepting these conditions, or declining the extra benefits.


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