VIC Paid Parental Leave Clawback

[Daisy Clarendon]

Hi,

My employer requires, as part of its paid parental leave policy, for employees to agree that if their employment ends within 18 months of returning from parental leave they will repay the total amount of parental leave payments made to them. Is such a clawback provision enforceable?

Many thanks in advance.

 

[Rod]

Depends on whether the employer's policy is both - part of the employee's contract (many are not) AND the payment is greater than the statutory amount.

If both conditions are true , then the employer MAY be able to claw back only the amount greater than the statutory entitlement.

 

[Tim W]

Hi,

My employer requires, as part of its paid parental leave policy, for employees to agree that if their employment ends within 18 months of returning from parental leave they will repay the total amount of parental leave payments made to them. Is such a clawback provision enforceable?

Many thanks in advance.

Do they mean when/ if you resign, or
do they mean if you're sacked or made redundant, or both?