Maternity Leave

Julie London

Just wondering if anyone knows anything to do with Maternity law.
Situation is im due to go on maternity leave. I work for a large muti-national. They are paying me full pay for my six months off. My query is how long legally do I have to return to work for after my maternity leave is over. Would i have to pay back all the pay they gave me if i handed in my notice. I have signed nothing and there is nothing written in my contract about repaying it.
The problem is after the babys born i would like to move home if i can find work. My hometown is 4 hours away. And i have built a house there too. Currently rented out. So i was hoping to take my full maternity leave here for 6 months and then look for work back home. But does anybody know the legalitys of it? could my present emmployer take me to court

testicle

After your leave is over, you are entitled to another 16 weeks unpaid. You wouldn't have to pay back the pay received for the first 6 months leave.

http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/maternity_leave.html

Eoin

I think the OP is asking is can she wait until after the maternity leave to resign so she can pocket the full pay she's getting.

Julie London - that's quite specific legal advice. You should talk to a solicitor, you won't get definitive answers here (that you should be relying on anyway).

seamus

That's something that would be determined on a per-company basis, there is no specific law compelling a person to return to work following maternity leave.

You should really be talking to a solicitor. At first glance, if the company are offering fully-paid maternity leave with no strings attached, then there is no reason why you can be penalised for handing in your notice when your maternity period ends. Ethically dubious, but if the company are offering you this money, you'd be an idiot to not take it.

But the company may have grounds to consider that you've defrauded them out of money if you knew that you planned on leaving but intentionally stayed on so as to claim full pay.

That's why you need a solicitor; because there may be issues.

In my company, women on maternity leave get 50% pay while on maternity leave, and then get the remainder of the pay repaid to them if they return to the company for a certain period of time. This encourages women to return to work, but at the same time it carries the implication that they are entitled to hand in their notice at the end of the maternity period.

Julie London

Thank you Seamus, very helpful. I think what I am going to do is go back to work for 3-4 months and then start applying for jobs at home. With the downturn I could be months finding a job anyway.

Wishbone Ash

Julie London wrote: »

i was hoping to take my full maternity leave here for 6 months and then look for work back home

Would you require a reference from you present employer when seeking future employment? It might be difficult!

Lola92

You can decide not to return to work as long as you give 4 weeks notice leading up to the date you are supposed to return to work. If you wish you can also take further unpaid maternity leave (up to 16 weeks) but similarly you must inform your employer of your intentions at least 4 weeks before your scheduled return to work date.

There is nothing stopping you from looking for another job while you are on maternity leave OP. It is the company's policy to top up your maternity benefit to full pay rates but that doesn't bind you to the job any more than to give a standard notice period from what I understand! Best of luck with the new arrival!

Julie London

Wishbone Ash wrote: »

Would you require a reference from you present employer when seeking future employment? It might be difficult!

A reference will be no problem my supervisor is a good friend and knows what im planning . the companys policies dont bother her on pay. She said she will write me a glowing reference