Returning to work
If you're planning to return to work after maternity leave, it's a good idea to allow as much time as possible to plan ahead.
If you change your mind about your return date you need to give at least eight weeks' notice of the new date. Some employers require up to six weeks to agree a written request to flexible working, for example. This is so that your employer can plan ahead for both the staff and the business.
Communication
You should stay in reasonable contact with your employer during your maternity leave.
Keeping in Touch (KIT) days
From 1 April 2007, you may work for your employer for up to ten days during your maternity leave without losing your rights to leave and pay. This is to allow employees to keep in touch with the workplace so that they can, for example, attend key meetings or receive training. Neither you nor your employer can insist on working during maternity leave. It is up to you and your employer to agree any days of work and what you will be paid. These days may assist you in making the decision about whether to return to work or not. You cannot work during the first two weeks (four if you are a factory worker) after your baby is born.
Balancing childcare and work
You may wish to consider other options to help you and your partner balance child care and working such as:
- the right to request flexible working
- the right to parental leave and time off for families
- government financial support such as tax credits
Returning to work
If you are returning on the date your maternity leave ends - originally stated in the letter your employer wrote to you, there is no need to give any further notice.
Early return
If you wish to return to work before end of your maternity leave:
For babies due before 1 April 2007
Give your employer at least 28 days' notice of the date you will be returning.
For babies due on or after 1 April 2007
Give your employer at least 8 weeks' notice of the date you will be returning.
You can change your mind about returning to work early providing you give at least eight weeks' notice before the date you now intend to return or the date you had intended to return, whichever is earliest.
If you return to work without giving the correct notice, your employer may postpone your return for the full notice period. However, your employer cannot postpone it beyond the date your maternity leave would have ended. If your employer notifies you that your return date has been postponed and you return to work anyway, you are not entitled to be paid. You do not have to give notice of early return (although it would be a good idea to) if your employer did not notify you of the date your maternity leave would end and, in that case, your employer has no right to delay your return or refuse to pay you for returning early.
Returning to work during or after Ordinary Maternity Leave (OML) (26 weeks)
You can legally return to the same job on exactly the same terms and conditions.
Returning to work during or after Additional Maternity Leave (AML) (52 weeks)
You are entitled to return to the same job on the same terms and conditions unless your employer cannot give you the exact job back for good reasons. Then you are entitled to a suitable alternative at the same level and on the same terms and conditions as your previous job.
If your job has changed considerably, there is no suitable alternative or no job at all, you may have a legal claim, regardless of the size of the company. You should try to resolve the dispute with your employer, while making it clear you are working under protest. You should use your employer's grievance procedure and seek qualified legal advice.
More time off
If you feel you need more time off, you may be able to negotiate with your employer one of the following options:
- paid annual leave which has accrued to you during maternity leave
- a further period off work
- parental leave, provided you have completed one year's continuous service
- sick leave if you are ill, provided you follow your employer's sickness procedures
- unpaid leave, checking whether you are entitled to claim further financial assistance
- flexible work with different hours or days than before you went on leave
In any of the above cases, you should confirm any agreement with your employer in writing so ask for written confirmation that you can return to the same job.
Consecutive periods of leave
Your right to return to work may be different if you take consecutive periods of leave. You have the right to return to exactly the same job if you return after: OML, parental leave of four weeks or less, and OML plus parental leave of four weeks or less, taken either before or after the OML.
You can be offered a suitable alternative job if it is not reasonably practicable for you to return to your old job if you return after: parental leave of more than four weeks, and AML followed immediately by OML (in respect of another baby) or parental leave (of any length).
If you return to work, even for a short period, your leave will not be treated as consecutive. You are also counted as back at work if you are on annual leave or sick leave.
Not returning to work
You lose your right to return to your job if you stay off work after your maternity leave has ended. If you do not wish to return to work after maternity leave, you should resign giving the notice required by your contract. For example, if your contract says you have to give one month’s notice, you should give notice of your resignation at least a month before the end of your maternity leave. If you postpone giving your notice until when you are actually due back at work, then theoretically you must work out notice period or be in breach of contract.
You do not have to repay any of your SMP or MA if you resign. If you received contractual maternity pay (over and above SMP/MA) you only have to repay the contractual pay if it was stated in your contract or agreed with your employer before you started your maternity leave. On resignation you are entitled to be paid for any outstanding holiday pay that has accrued during maternity leave up to the end of your notice period.
Redundancy
Consider your redundancy situation carefully and check whether it is genuine. If you have been made redundant but the person covering your maternity leave hasn't, for example, you should seek qualified legal advice immediately. You should also look at your employer's selection criteria. If you have been selected because of pregnancy or maternity leave, then this may be unfair dismissal or sex discrimination. There is special protection for women on maternity leave. Legally, in a redundancy situation, you must be offered any suitable vacancies prior to your colleagues, without application or interview. As soon as you return to work you are no longer covered. You should check your contract for details of consultation periods, redundancy and notice pay.
Dismissal
Normal rules of dismissal apply. You have the automatic right to written reasons for dismissal while pregnant or on maternity leave. If dismissal can be proved to be in any way linked to your pregnancy or intention to take maternity leave, it is an automatic unfair dismissal. Pregnant women have no special protection in a redundancy situation, unlike women on maternity leave. However, redundancy must not be conducted for any reason related to pregnancy (including related illnesses) or maternity leave. You are entitled to accrued holiday pay, SMP or MA for the full period, if you are dismissed during maternity leave.
While we try to ensure that all information is correct and up to date, please always check with the appropriate authority.
Published July 2008
Last Modified: 15/06/2007
Related Chat 9
I work as a deputy store manager for a large retail company. All staff received an annual pay rise whilst I was on mat leave which I've now been assured I will receive after a 3 month appraisal. My biggest grievance now is that the young man who acted as my replacement was brought in on a higher rate of pay. Can they do this? He was no more qualified for the job and had less experience. I am now expected to do the same role with the same responsibilities for 60p an hour less. Even after my annual pay rise I will be earning less than he was. I don't understand why they don't have a structured payscale based on job role and store size. Surely this would mean these situations could be avoided. I'm waiting to hear back from head office to see if this can be resolved. Thanks for your advice, it's much appreciated
Well i have to be honest and say that i am shocked that it is a big company you work for as you realy would think that they would know what they are doing!!
I work as a HR manager for a big company and we have always been clear that if a general pay rise is applied then anyone on maternity leave must also get this. If you were receiving any pay while you were on maternity leave this should have been adjusted to reflect the increase from the time it came into effect. Honestly do not stand for the 3 month malarkey as you are legally entitled to get the pay straight away.
You can employ someone at a higher rate if there is a genuine reason for doing so (i.e they may have additional responsibilities etc) or if thy are at a higher point on an agreed grade for the job due to experience/qualifications etc but if not then it is dodgy. I am surprised that they would risk this with a male replcement as really if you wanted to make a big fuss it would be harder for them to defend.
I would never advocate being a trouble maker or raising unneccessary grievances with an employer but it sounds like they have behaved wrongly here. I am not sure whether you have raised it in writing but i would suggest doing so and then if you do not get a satisfactory response you can decide whether to put in a formal grievance. If you want to add some weight you could contact ACAS (they have a free helpline 08457 47 47 47) and they will confirm your rights for you, this can help to push your employer to be reasonable when faced with confirmation that they are in the wrong! Good luck!!
I don't think it is just your hormones! You are legally protected from suffering any detriment whilst you are on maternity leave or when you return to work. This basically means that if you are treated any less favourably (than people who have not been on maternity leave) you may be able to claim against your employer under sex discrimination legislation.
In terms of pay rises it would depend upon the type of pay rise(i.e did everyone get it). The legal position is that an employee on maternity leave ia entitled to benefit from any general improvement to pay and conditions which are introduced for her grade or class of work as if she had not been away.
Obviously i don't know what your job is or the company you work for but it all sounds very dodgy to me! I am happy to try and give you more specific advice if you can provide more info about your contract etc.
I work as a deputy store manager for a large retail company. All staff received an annual pay rise whilst I was on mat leave which I've now been assured I will receive after a 3 month appraisal. My biggest grievance now is that the young man who acted as my replacement was brought in on a higher rate of pay. Can they do this? He was no more qualified for the job and had less experience. I am now expected to do the same role with the same responsibilities for 60p an hour less. Even after my annual pay rise I will be earning less than he was. I don't understand why they don't have a structured payscale based on job role and store size. Surely this would mean these situations could be avoided. I'm waiting to hear back from head office to see if this can be resolved. Thanks for your advice, it's much appreciated
I have just returned to work after having my third child and am finding it very difficult. After nine months off I've discovered that my colleagues have had a payrise, resulting in less senior members of staff now earning more than me. To add to that, my temporary replacement was being paid 60p an hour more to do the same job!!! I have worked for the company for many years and am now feeling VERY under-appreciated. Am I right to feel so aggrieved or is it just hormones? I was looking forward to getting back to work but the situation has really made me angry. My employer has said that I will receive a rise in pay after 3 months subject to an appraisal.
I don't think it is just your hormones! You are legally protected from suffering any detriment whilst you are on maternity leave or when you return to work. This basically means that if you are treated any less favourably (than people who have not been on maternity leave) you may be able to claim against your employer under sex discrimination legislation.
In terms of pay rises it would depend upon the type of pay rise(i.e did everyone get it). The legal position is that an employee on maternity leave ia entitled to benefit from any general improvement to pay and conditions which are introduced for her grade or class of work as if she had not been away.
Obviously i don't know what your job is or the company you work for but it all sounds very dodgy to me! I am happy to try and give you more specific advice if you can provide more info about your contract etc.
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