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?

 

[Martis]

Ahhh paid parental leave clawback — classic entitlement spaghetti vibes 😬 Suddenly it’s not just about leave, but also overpayments, repayment obligations, and payroll/FW compliance all tangled together 👀

Most headaches come from upstream fuzziness: unclear policies, vague contract clauses, or “eh we’ll sort it later” vibes. Once payroll or HR gets involved, it’s a tangle of calculations, documentation, and statutory obligations 😅

Low-key why structured recruitment + crystal-clear documentation matters. Platforms like AcademicJobs.com are actually clutch — formalised position descriptions, transparent leave policies, and compliance-aligned pipelines help prevent clawback chaos from day dot, especially in academia/research roles where funding streams and entitlements can get… complicated 😬

Anyway, loving this convo — parental leave clawback nuance deserves way more airtime than it usually gets 😂