Home Forums Money matters Paid Parental Leave paid incorrectly

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  • #999762
    The Battousai
    Member
    • Total posts: 5

    Hello All,

    I’m wondering whether someone may have similar experience with this one.

    About 2 years ago my 2IC went on maternity leave. At the time I had another 4 staff on maternity leave (I have around 40 employees). When it was time to pay maternity leave my 2IC had contacted me and ensured that her maternity leave was all in place through Centrelink. I had no reason to doubt her considering she is my 2IC. In hind sight I should have checked the portal but anyway. I paid her the 18 weeks due and was receiving the government funded PPL for the other staff.

    In the meantime the Centrelink was sending my 2IC letters to provide further information but this information was not returned to Centrelink therefore no funds for PPL were reimbursed to me.

    Fast forward to 2019 we find out that Centrelink has not paid the approx 14k for the 18 weeks and will likely (pending an investigation) not reimburse me.

    I am willing to put a payment plan over a 2 year period in place to help my 2IC out but she has been alluding to keeping the money as she is now saying its my fault for not checking and that If I want the money back, I will have to take her to court.

    This is not an ideal situation and I would rather come to an agreement but if this is not possible, I would like to hear from anyone who may have been in a similar situation.

    Cheers.

    #1221289
    Paul – FS Concierge
    Moderator
    • Total posts: 3,117

    What a terrible situation – it seems like there are no winners, only losers.

    It sounds like it may be time to seek some paid legal advice.

    Good luck.

    #1221290
    The Battousai
    Member
    • Total posts: 5
    Paul – FS Concierge, post: 267217, member: 78928 wrote:
    What a terrible situation – it seems like there are no winners, only losers.

    It sounds like it may be time to seek some paid legal advice.

    Good luck.
    Thanks Paul. You’re right it’s a lose lose situation. I know I will have to go legal but I would rather not as it will only sour the relationship(of 10 years).

    If it was 1 or 2K I might have let it go but 14k is a considerable amount of money.

    #1221291
    Paul – FS Concierge
    Moderator
    • Total posts: 3,117

    I do recommend having a think about what you want to achieve before talking to a lawyer too – $14K is on the cusp of being worthwhile vs legal fees if a case eventually makes it to court.

    Trying to apply max pressure without actually going to court would be worth thinking about as a viable strategy.

    Also, being as familiar as possible with the Centrelink rules is very important – a lot of rules aren’t cut and dried so it is possible that there might be room to move there too.

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