My personal opinions...
<!--EZCODE LIST START--><ul><li>Maternity pay should not be mandatory.</li><li>Employers decide for themselves whether they want to provide it as part of the contractually agreed benefits of employment. Employees decide for themselves if they are happy to accept a job which does not offer this benefit.</li><li>Once it is granted then the beneficiary is entitled to claim it, without prejudice, even if she does not return to work after maternity leave. I certainly do not consider this theft or unethical etc.</li><li>I wouldn't agree with a clawback clause but there is nothing that I can see to prevent employers and employees negotiating one on an individual or collective basis if they see fit. The clawback clause (particularly where it may be waived by the employer in certain circumstances as mentioned earlier) suggests to me an element of prior restraint which some people might consider unacceptable.</li></ul><!--EZCODE LIST END-->
<!--EZCODE LIST START--><ul><li>Maternity pay should not be mandatory.</li><li>Employers decide for themselves whether they want to provide it as part of the contractually agreed benefits of employment. Employees decide for themselves if they are happy to accept a job which does not offer this benefit.</li><li>Once it is granted then the beneficiary is entitled to claim it, without prejudice, even if she does not return to work after maternity leave. I certainly do not consider this theft or unethical etc.</li><li>I wouldn't agree with a clawback clause but there is nothing that I can see to prevent employers and employees negotiating one on an individual or collective basis if they see fit. The clawback clause (particularly where it may be waived by the employer in certain circumstances as mentioned earlier) suggests to me an element of prior restraint which some people might consider unacceptable.</li></ul><!--EZCODE LIST END-->