Repay maternity pay if you don't go back?

U

UKlady

Registered User
Afternoon everyone,
I've just told my employer that I'm pregnant, and am waiting for my meeting with HR to discuss my company's maternity policy etc (which I can only imagine is going to be scant judging by the rest of the 'benefits' I get!). I was just wondering what the general situation here is with maternity pay if you don't return to work? I know the standard pay is 4/5 of your salary for 10 weeks, but do you have to pay this back if you don't return to work? I've been unhappy in my job for a while so have no intention of returning, but just want to know if it's worth hanging on for the maternity pay or not.
Any insight appreciated!
Thanks.
 
Hi UKLady!

I am exactly in your boat - exactly. I had been planning to go the honest route actually and tell them that I would not be returning (thurs foregoing my 10 weeks pay) but I have been told by friends and others in HK that doing so would be stupid, because apparently quite a number of women hang on for the mat pay and then do not return. It sounded dodgy to me and dishonest but the more I thought about it, the more I realized that I don't want to be played the fool esp if this is so commonly done. So I have actually decided to hang on til my last day, take my "mat leave", take the pay, and then call in just before my leave is up to say "sorry, won't be returning, changed my mind..." Again, apparently accordingly to my friends and ex-colleagues this is not uncommon.

I didn't realize we only got 4/5 of our pay. I thought it was 100%... or does that depend on the company?

Anyway, best of luck to you (and to me!). This is a great question, and I'd be curious what other ladies' thoughts are.
 
Good to know I'm not the only one! I don't feel bad about it, purely because my company hasn't treated me very well since I've been here. It definitely seems like it would be silly to forego the maternity pay if you don't have to.
I got the 4/5 figure form the official government website so i think it's standard. I know some companies do pay more though, but I think anything you were paid on top of what is standard would probably have to be paid back if you didn't return.
Good luck Clowe!
 
I had a friend who worked as a teacher in a local government school. In order to get paid for her maternity leave she had to return to work after the baby was born for one month and then resign otherwise she would have had to pay the money back.

If you are planning not to return I think you should find out your position legally as you don?t want to get a bill for 10 weeks? wage if your not expecting it.
 
I actually took the "silly" route and quitted one month before the start of my maternity leave. I would have quitted earlier had it not been the middle of the school term. Really wanted to pamper myself more but just didn't feel like leaving something incomplete. :rollbaby:
 
i have a friend that was in the same dilemma.
in order NOT to have to repay the $ she had to return for 3 months FULL TIME.

i'd check it out more carefully if i were you.
 
Hi there,
I've just had my meeting with HR and can confirm that HK labour law obliges companies to pay maternity pay for 10 weeks at 4/5 and if the lady doesn't go back, they do not have to repay this money. However, this is dependent on the woman having worked at the company for at least 40 weeks on a permanent contract before going on leave. I fall into this category so I'm not sure what happens if you don't. Maybe those cases people have mentioned were for women who weren't on permanent contracts or hadn't been in their jobs very long? Otherwise what their companies did was illegal!
 
I agree with Cara - you should check this out very, very carefully. Especially if your employer is likely to insist on their full legal rights.

The Employment Ordinance (section 6) says that maternity leave shall not be included in the length of notice required to terminate an employment contract. You should make sure that you will not have to pay wages in lieu of notice for quitting if you give notice whilst on maternity leave. You can call the Labour Department for advice.
 
I'm caucasian and went back to the UK to have my first baby. I decided whilst i was there that I wouldn't be returning to my previous employers so contacted my HR to tell them so. I didn't have to repay any of my maternity pay but I had been working for them for 11 years so maybe this made the difference.

Congratulations on your pregnancy.
 
Repay maternity pay?

Hi all,

Does anyone have any updates on this topic?
Would you need to repay the maternity pay if you dont go back to work?

Thanks :)
 
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