We're in the process of finalizing our Leave Policy with a clause stating that our company is willing to pay 90% (CTC) of an employee’s salary for the first 3 months of their maternity leave. I’m sure you’ll agree, a generous offer indeed. But here’s the catch…should the employee terminate their services within a period of 12 months after their return from leave a pro-rata amount of what was paid will be deducted from any monies owing to the employee. My argument has been that this will constitute an illegal deduction. I was vetoed. I tried looking for case law to substantiate my stand but these are all paid sites and my company refuses to subsidize any subscription fees to any sites so I’m screwed. Does anyone have any information that could help me fight my case, know of any website where I could download substantiating information? Of course the flip side of the coin is that I could be wrong, but I seriously doubt that. So any help in this regard will be appreciated.

Regards
Shane