Returning to Work after Parental, Maternity or Paternity Leave. In California, many women have a legal right to be absent from work during and after their pregnancy, without having to risk losing their jobs.⁠1 Some women also have a right to be paid during maternity leave. Share. Is this legal? The employee could return to find that she has been given a lower level of responsibility or work that is not appropriate for her skills. Paid leave is guaranteed in 178 countries, the United States not being one of them. Your rights Managing Your Maternity Leave A United Nations survey found that out of 152 countries, the United States, Australia, New Zealand, Lesotho, Switzerland, and Papua New Guinea were the only ones one that did not have a national policy requiring paid maternity leave. Returning to work after maternity leave can be a difficult and uncertain time, particularly if you’ve just given birth to your first child and are unsure of your rights.. To help you understand what to expect and where you stand, solicitor Melissa Cook explains your legal position when you return to work from maternity leave. Failure to allow a woman to return to her old job after maternity leave. Here’s what you should know about your job, pay, holidays and flexible working before you go back to work. You also have the right to request flexible work arrangements, such as part-time-work. A common issue for an employee returning from maternity leave is finding that her job has changed beyond recognition. Udeh did not return to work for Winn-Dixie and drew unemployment benefits for 18 months before returning to work at another employer. Returning to work after maybe a year or more out of the workplace on maternity leave can be daunting. That’s why it is particularly important to understand what your legal rights and entitlements are regarding holidays, promotions and pay, prior to heading back to work. Maternity leave is the time a woman takes off from her job for the birth, adoption, or foster care placement of her new child. (Prisby denied the call.) • you are entitled to 39 weeks’ maternity pay if you meet the qualifying conditions, see Maternity pay questions. ... My employer is requesting a medical certificate because I returned to work 2 weeks after giving birth. This means a pregnant employee can take a leave of up to 78 weeks (1.5 years) – 16 weeks of maternity leave and 62 weeks of parental leave. When you return to work after maternity leave, it’s important to know your rights. The United States is the only high-income country to not offer paid maternity leave on a federal level. • you are entitled to all your contractual terms and conditions during maternity leave, apart from your pay. Parental leave starts after maternity leave. The pregnant employee must have worked for their employer for at least 90 days before the start of the leave. 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