- April 11, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Paternity Leave Policy at My Company
I am incredibly grateful to be employed at a company that provides six months of paid paternity leave. However, there is a stipulation that I must not voluntarily leave the company within six months of returning from my leave, or else I will be required to repay all of the money I received during my time off. I am curious to know if this clause is legally enforceable in England.
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Provided they let you keep at least two weeks’ worth of statutory paternity pay, yes it’s legal.
The requirement is to allow you to take at least paid statutory paternity leave (or shared parental leave, at your opinion). Any provisions above and beyond this can be offered on whatever terms they like.
A commitment to 6 months minimum further service is entirely commonplace with contractual provisions like this – otherwise the employee could simply take six months’ pay for doing nothing and then say “thank you very much” and walk off into the distance.
You would be entitled to keep the statutory element of any parental leave pay.
You are also entitled to accrue annual leave and retain the same terms, conditions and benefits.
As for repaying the employer-enhanced balance should you leave of your volition within 6 months of returning, this would likely be seen as a reasonable clawback.
I have always known my maternity leave policies and my friends to all have some sort of contractual stipulation about paying back enhanced maternity pay so I would say yes.
Yes
Yes, it is.
If you did leave early they would have to sue you and show their actual financial loss. If , for example, they hired someone to fill your place quickly that might not be much.