hi,
i am trying to find out wether or not you are able to resign from you work place while you are on Maternity leave? Our workplace EBA states you cant resign from work whilst on annual leave, but does maternity leave fall into the same catagory as annual leave?
Any help would be greatly appreciated.
Check the contract - many will have that if you resign while on Maternity Leave you have to pay back all the money they paid you, as it was paid in good faith that you would return.
It may be worth returning then resigning after the "good faith" period is up if you cannot afford to repay your maternity leave wages.
You usually get paid maternity leave on the time you have worked already and not the time you intend to work after. The qualifying period is usually 12 months prior service. That is how it works where I am. I would say it's perfectly reasonable and acceptable.
Can you check with your HR or Union Rep if you have one. Or go to Fairwork Australia for an interpretation.
it really depends on the workplace and their agreement
i used to work for a telco, and you got the mat pay on the basis you'd come back for at least x amount of time - if you didn't work that much when you returned, you had to pay back half the pay you received
When I was pg with Liebling, it was having worked for 12 months prior (6 months would have you paid less, but not need to return) and for 3 months after returning. But that was to get the "higher" level of 90% of wages for 3 months, then down to 3 months at minimum payment, then 6 months of nothing. Had I not returned, I'd have to pay back the extra, but I'd keep the equivalent of 6 months at minimum payment. A similar thing happened with my cousin who worked in a different sector.
govvie paid parental leave is based only on what you've done prior to the birht of the child (and the fact you're not working for the time you are paid) - you can definitely resign and still qualify
Registered User
maternity leave and resigning from work.
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