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Can we require women to repay maternity leave benefits if they quit before returning to work?

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in Hiring,Human Resources,Maternity Leave Laws

Q. Our maternity leave policy offers paid leave for female employees who plan to return to work after the birth of the child. If the employee quits before returning to work, she’s required to reimburse the company for the paid leave. Is this lawful?

A. Since there is no requirement to offer paid maternity leave in Pennsylvania, you have flexibility in determining how to structure that benefit, as long as women on maternity leave are not treated differently than employees on other types of leave.

Nonetheless, consider the employee morale implications of this policy and the potential impact on recruiting of women. Note that, as a practical matter, it may be difficult to get the money back from the employee..

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