{"id":459357,"date":"2026-04-29T08:49:12","date_gmt":"2026-04-29T08:49:12","guid":{"rendered":"https:\/\/www.europesays.com\/ie\/459357\/"},"modified":"2026-04-29T08:49:12","modified_gmt":"2026-04-29T08:49:12","slug":"i-am-on-maternity-leave-and-considering-resigning-do-i-need-to-repay-my-employer-the-irish-times","status":"publish","type":"post","link":"https:\/\/www.europesays.com\/ie\/459357\/","title":{"rendered":"\u2018I am on maternity leave and considering resigning. Do I need to repay my employer?\u2019 \u2013 The Irish Times"},"content":{"rendered":"

I work for the <\/b>Civil Service<\/b><\/a> and have taken two consecutive maternity leaves. I received my full pay for the 26 weeks during both leaves. <\/b><\/p>\n

As I approach the end of my second maternity leave, I am thinking about resigning and not returning to my job.<\/b><\/p>\n

I need something that is closer in distance and more flexible with two children. <\/b><\/p>\n

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.<\/b><\/p>\n

Also, do I just give my regular resignation within the time frame requested in my contract? <\/b><\/p>\n

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 \u201cno stone unturned\u201d in finding an alternative to resigning outright.<\/p>\n

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\u2019s normal salary.<\/p>\n

\u201cBecause they\u2019re giving an extra benefit, they can, if they wish, attach terms and conditions to it,\u201d says Michelle Halloran, independent HR consultant and workplace investigator, of Halloran HR Resolutions.<\/p>\n

[\u00a0‘I returned to work after maternity leave and was issued with a notice of redundancy’Opens in new window<\/a>\u00a0]<\/p>\n

Although it may not be explicitly mentioned in the reader\u2019s employment contract, Halloran notes that such a clause could be set out in the maternity leave-related policy of the Civil Service.<\/p>\n

\u201cThat does happen sometimes. They can\u2019t ask you to repay your statutory payment, but if they\u2019ve topped it up, some employers do,\u201d she says, noting that such employers often claw back the top-up amount if employees leave within a certain period.<\/p>\n

\u201cIt sounds like that\u2019s not the case if it\u2019s not in her contract, but my advice would be to check the policy also to be sure,\u201d Halloran says, adding: \u201cIf it\u2019s not in the policy, she should be good to go.\u201d<\/p>\n

However, Halloran argues the reader should leave \u201cno stone unturned\u201d in seeking an alternative to resigning.<\/p>\n

For example, the reader could see if a transfer to an office closer to home is possible.<\/p>\n

\u201cThe employer has no obligation to find her employment more convenient for her,\u201d she says, adding, however, that there is \u201cno harm in checking\u201d.<\/p>\n

Sabbatical leave is also worth exploring with her employer, Halloran says, rather than resigning outright.<\/p>\n

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 \u201ccushion\u201d to the reader, she says.<\/p>\n

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.<\/p>\n

\u201cClawback 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.<\/p>\n

\u201cWhether any existing clause applies for payment made during your first period of maternity leave will depend on the particular wording of the clause itself,\u201d he says.<\/p>\n

Scanlon says it is \u201cparamount\u201d that the reader is fully informed as to whether clawback provisions apply, saying she could potentially face repaying up to 52 weeks\u2019 worth of salary top-ups if so.<\/p>\n

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, \u201crather than resigning\u201d.<\/p>\n

[\u00a0I have a highly respected degree but can\u2019t get a decent job. AI might be the problemOpens in new window<\/a>\u00a0]<\/p>\n

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.<\/p>\n

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.<\/p>\n

This is in addition to public holiday entitlements that occurred during the separate leaves.<\/p>\n

\u201cWith 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,\u201d he says.<\/p>\n

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\u2019 notice before she is due to return.<\/p>\n

If you have work-related questions, from how to deal with burnout to running your own business, The Irish Times Work Q&A column is here to help. You can use the form below to submit your question. Please limit your submissions to 400 words or less and please include a phone number. Your name and contact details will be confidential and only be used for verification purposes. Any details about your employer will also be anonymised.<\/p>\n","protected":false},"excerpt":{"rendered":"I work for the Civil Service and have taken two consecutive maternity leaves. I received my full pay…\n","protected":false},"author":2,"featured_media":459358,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[73],"tags":[79,18,2215,19,17,162346,70755],"class_list":{"0":"post-459357","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-business","8":"tag-business","9":"tag-eire","10":"tag-for-you","11":"tag-ie","12":"tag-ireland","13":"tag-work-q-a","14":"tag-your-stories"},"share_on_mastodon":{"url":"https:\/\/pubeurope.com\/@ie\/116487138035621514","error":""},"_links":{"self":[{"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/posts\/459357","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/comments?post=459357"}],"version-history":[{"count":0,"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/posts\/459357\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/media\/459358"}],"wp:attachment":[{"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/media?parent=459357"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/categories?post=459357"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/tags?post=459357"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}