I've done a bit of research into this area when we were formulating our maternity leave policy. You are entitled not to work for the first 12 months (regardless of whether or not you had paid maternity leave). So in theory you could stop working for a few more months...
In most cases, when you except paid maternity leave you are in turn agreeing to return to work for the company for a period of time (usually 12 months), but you do not have to return for the first 12 months. Most companies have the right to ask you to pay the money back if you don't honor the arrangement.
Thank you for your advice. i will look into it further. does this mean if i have been back for 1 week i can still ask for the rest of my maternity leave unpaid? would this entitle me to any govt payments?
I'm not an expert, but my understanding of the laws regarding the entitlement to 12 months unpaid maternity leave is that you are entitled not to work whatever the circumstances, so yes I think even though you've been back a week you should be able to take the remainder of your 12 months.
Also, your employer is not allowed to put any pressure on you about returning to work and when you plan to. In my company, we're not even allowed to ask women if they plan on returning until just before the 12 months are up, as that can be seen as putting pressure one them.
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