Ask the Expert › Maternity/Paternity Leave Top-up policy language – reimbursement if they do not return.
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Kelly Chapman asked 6 months ago
Kelly Chapman replied 6 months ago

I am developing a maternity/paternity leave policy. We will be paying a top-up and we would like to add language to state that the employee must return to work for a period of 6 months after the end of their leave or pay back the amounts paid to them. Does anyone have any similar language within their mat/pat leave policy?

2 Answers
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Glenn Demby Staff answered 6 months ago

Let me look around and get back to you with what I find. Is tomorrow OK? 

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Glenn Demby Staff answered 6 months ago

I couldn’t find anything good so I came up with something. CAVEAT: Please don’t use it without first running it by your lawyer. This is generic language and may not work for you. I’m also not allowed to give you legal counsel. But, FWIW: 
“If the employee does not return to work for at least six months of equivalent pre-leave work
schedule/FTE following maternity and/or parental leave, the bridging and top-up benefits must be
repaid to Employer in full.” 

Elena Tchernycheva replied 5 months ago

Glenn, is it expected that the employee shall repay top up in full before the last day of employment or there need to be a line in the policy clearly stating it?