I work for the Civil Service and have taken two consecutive maternity leaves. I received my full pay for the 26 weeks during both leaves.
As I approach the end of my second maternity leave, I am thinking about resigning and not returning to my job.
I need something that is closer in distance and more flexible with two children.
My question is will I need to repay any of the payments I received if I do not return? My contract does not stipulate anything in respect of clawback if not returning.
Also, do I just give my regular resignation within the time frame requested in my contract?
Although an employment contract may not contain any clawback stipulations of a maternity leave top-up, such conditions may be detailed elsewhere, according to those working in HR, who also advise leaving “no stone unturned” in finding an alternative to resigning outright.
In addition to the statutory maternity benefit, some large employers, such as the Civil Service, top up that benefit to the level of the employee’s normal salary.
“Because they’re giving an extra benefit, they can, if they wish, attach terms and conditions to it,” says Michelle Halloran, independent HR consultant and workplace investigator, of Halloran HR Resolutions.
Although it may not be explicitly mentioned in the reader’s employment contract, Halloran notes that such a clause could be set out in the maternity leave-related policy of the Civil Service.
“That does happen sometimes. They can’t ask you to repay your statutory payment, but if they’ve topped it up, some employers do,” she says, noting that such employers often claw back the top-up amount if employees leave within a certain period.
“It sounds like that’s not the case if it’s not in her contract, but my advice would be to check the policy also to be sure,” Halloran says, adding: “If it’s not in the policy, she should be good to go.”
However, Halloran argues the reader should leave “no stone unturned” in seeking an alternative to resigning.
For example, the reader could see if a transfer to an office closer to home is possible.
“The employer has no obligation to find her employment more convenient for her,” she says, adding, however, that there is “no harm in checking”.
Sabbatical leave is also worth exploring with her employer, Halloran says, rather than resigning outright.
Civil servants can apply for career breaks of between six months and three years to take up employment in the private sector, which could provide a “cushion” to the reader, she says.
Alongside the maternity policy, a clawback clause could also be detailed in a circular issued previously, according to Patrick Scanlon, a HR business consultant at HR Buddy.
“Clawback clauses for maternity pay are certainly not uncommon, and if one does exist, it will apply should you decide not to return to work for the minimum duration required.
“Whether any existing clause applies for payment made during your first period of maternity leave will depend on the particular wording of the clause itself,” he says.
Scanlon says it is “paramount” that the reader is fully informed as to whether clawback provisions apply, saying she could potentially face repaying up to 52 weeks’ worth of salary top-ups if so.
He adds that it would be worth exploring whether alternative arrangements such remote working, flexible hours or reduced hours, might be possible, depending on the role, “rather than resigning”.
Should the reader opt to resign, she is required to fulfil her notice obligations under her contract of employment, he says, which can be fulfilled while on maternity leave.
Scanlon notes that the reader is entitled to any annual leave accumulated during the maternity leave periods, as well as any unused annual leave before going on leave.
This is in addition to public holiday entitlements that occurred during the separate leaves.
“With the agreement of your employer, you may use the accumulated time as an offset against your notice period and receive payment for the remaining balance,” he says.
On the other hand, should the reader opt to remain with their employer and return to work, he says she is required to give four weeks’ notice before she is due to return.
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