It’s a good idea to agree with your employer before you go on maternity leave how you’re going to take your holiday. An employer cannot decide to keep on anyone else who was employed to cover the maternity leave in the returning woman’s role – it … Check with your employer first. If your employer offers enhanced maternity pay, you might have to repay some or all of the enhanced amount (anything more than Statutory Maternity Pay) if you: This should be clearly set out in your contract’s written terms. You also have the right to request flexible work arrangements, such as part-time-work. - Get free trusted guidance and links to direct support. Employer’s Obligations to Pregnant Employees - Get free trusted guidance and links to direct support, articles in Maternity and paternity rights, Clear English Award - Opens in a new window, Money manager for Universal Credit claimants, Workplace pensions contribution calculator, If you think your employer isn’t being fair, Equality Advisory & Support Service (EASS), Which? If you want to change your hours or duties when you return from maternity leave, you might be able to make a flexible working request. We use Cookies: By using this website, you consent to their use. To request that your maternity leave is postponed, you must have taken at least 14 weeks’ maternity leave, including 4 weeks after the birth. Employers should remember that an employee returning to work after ordinary maternity leave (no more than 26 weeks’ leave) has the right to return … If you have a question about your individual circumstances, call our helpline on 0300 123 1190. If you decide not to come back from leave, your employer has a right to seek reimbursement of any money it paid to keep your health benefits in place. Talk to your employer or human resources department. For example, if an employee was due to return to work after 52 weeks' maternity leave on 1 August, but then decided to return to work after 39 weeks of leave (that is, on 9 May) she would need to give her employer eight weeks' notice of the new date (that is, by 14 March). You have the right to return to the same job after ordinary maternity leave. Winn-Dixie terminated Udeh about 10 days later—six weeks and one day after she began her maternity leave. Your employer is entitled to make reasonable contact with you during your maternity leave, perhaps to tell you about: You can also work up to 10 days during your maternity leave without losing maternity pay or benefits, or ending your leave. To request flexible working, you need to have worked for your employer for at least 26 weeks (including maternity leave). Provide breastfeeding facilities for new mothers. If you’ve taken more than 26 weeks. If you’re looking for a new role, you may want to change career direction. Parental leave doesn’t have to be taken in one continuous stretch but must be taken in week-long blocks (unless your child has a disability). You might be able to resolve the issue informally. Certain employees, such as parents returning to work after taking parental leave, have the right to request flexible working arrangements.Flexible working arrangements include working part-time instead of full-time and changing starting and finishing times of work or working from home.Visit the Flexible working arrangements page for information on requesting an arrangement.Source reference: Fair Work Act 2009 s.83 and 84 If you’re not sure where to start, If you can’t resolve the issue informally, you can, Monday to Friday, 8am to 6pm, Saturday, 8am to 3pm, 24 December 8am to 3pm, 25 to 28 December, closed. These policies sometimes require employees to pay back their maternity or paternity pay if they don't return after their leave expires. It’s against the law for your employer to make you redundant just because you’ve been on maternity leave or have requested flexible working to care for your child. Employer-provided parental leave programs often come with strings attached, such as requiring that employees return to work for a certain period after taking leave. If you returned after additional maternity leave you have a legal right to return to the same job unless it is not reasonably practical, in which case your employer is allowed to offer a suitable alternative job instead. If there isn’t one, you might be entitled to redundancy pay. Our advisers will point you in the right direction. Fathers who are on maternity leave cannot postpone it. Accept and close Your rights during maternity leave: • all employees have the right to 52 weeks maternity leave with the right to return to work. If you were granted leave under the Family and Medical Leave Act (FMLA) and are ready to return to work, your employer must reinstate you to your former position, except in a few, limited situations. If you haven’t added it all to your maternity leave, you often have the right to take what’s left. You can take up to four weeks' parental leave at the end of your Statutory Maternity Leave without affecting your right to return. For example, the following must be the same: You must tell your employer at least 8 weeks before you’re due to return to work if you want to: You still build up (‘accrue’) your holiday entitlement during maternity leave. If you returned after additional maternity leave you have a legal right to return to the same job unless it is not reasonably practical, in which case your employer is allowed to offer a suitable alternative job instead. This is a bitter sweet decision as I have always enjoyed working with you and the team but my new family situation means I want to spend as much time as possible with my child. enquiries@maps.org.uk. When you return to work after maternity leave, it’s important to know your rights. • you have the right to be offered a suitable alternative … You have a right to return to work after your maternity leave. Your holiday entitlement builds up while you’re on maternity leave in the same way it would if you’d been at work. You can return to work for a short period after maternity leave in order to avoid repaying your contractual maternity pay and resign at a later date. • you are entitled to all your contractual terms and conditions during maternity leave, apart from your pay. If you’re returning after more than 26 weeks’, you still have the right to return to the same job unless your employer has a … Coronavirus (COVID-19): latest advice for employers and employees. Checking your pregnancy and maternity rights, Find out more on health and safety for new parents on the HSE website, your redundancy rights while pregnant or on maternity leave, stay on maternity leave longer than planned. If a pregnant employee is employed to do suitable alternative work throughout her pregnancy, is her right to return to work after maternity leave the right to return to this job or to her normal position? An employee’s employment rights (like the right to pay, holidays and returning to a job) are protected during maternity leave. Your pay and conditions must be the same as or better than if you hadn’t gone on maternity leave. The disability pay covers part but not all of the employee's income. We cannot respond to questions sent through this form. Your Rights on Return From Ordinary Maternity Leave (OML) UK employment law stipulates that you can take Ordinary Maternity Leave of 26 weeks, provided you give at least 8 weeks’ notice to your employer, informing them of your return. Select the statement you most agree with: Supporting mental health in the workplace, Dealing with a problem raised by an employee, Your maternity leave, pay and other rights, Please tell us why the information did not help, I cannot find the information I'm looking for. The case EDA1919, being G4S Secure Solutions (Ireland) Limited and Kelly, is a decision of the Labour Court of 12th June 2019. - your rights when you go back to work after maternity leave, How much Income Tax and National Insurance you should pay, We can’t separate money worries from our mental health, Protecting your workplace pension after having a baby, Your rights when returning to work after maternity leave, Working for yourself after you've had a baby, Having a baby – interactive money timeline. Here’s what you should know about your job, pay, holidays and flexible working before you go back to work. So, it’s important to know where you stand. On your return from maternity leave, you have the right to return to the same job you had before. You have the right to receive any pay rises or improvements in terms and conditions for your job that took place while you were on leave. Under this law, you must be restored to an equivalent position with equal benefits when you return. You have a basic statutory right to return to work on the terms and conditions that applied before you went on maternity leave, but there is an important difference to the protection the law gives you, depending on how much maternity leave you decide to take. Sorry, web chat is only available on If your employer agrees, keep in mind that it typically takes around 14 weeks from your request for flexible working to implement the new arrangement. If you’re returning to work after 26 weeks or less, you’re entitled to return to the same job. Whether you’ll need to carry over any holiday depends how far through the holiday year you return to work. You’ve been on maternity leave for 26 weeks or less. In this case, the job cannot be on worse terms than before. Your employer has the right to refuse. In this case, the employee went on maternity leave. Monday to Friday, 8am to 6pm, Saturday, Sunday and Bank Holidays, closed. And OML plus parental leave of four weeks or less, taken either before or after … If you have taken compulsory or ordinary maternity leave only, or if you decide to return to work before the end of ordinary maternity leave, then you have the right to return to the same job you left. Parental leave isn’t the same as your right to take unpaid time off to cope with an emergency, such as your child falling ill, which you can take regardless of how long you’ve been with your employer. Parental leave of four weeks or less. You still have to pay SMP even if you stop trading. According to the EEOC, any women returning from maternity leave must be treated the same as other workers allowed leave for a temporary disability. But if it’s not possible because there have been significant changes to the organisation, you could be offered a similar job. Your right to return to work may be different if you take consecutive periods of leave. The first 26 weeks are called Ordinary Maternity Leave (OML) and the If your role has become redundant you should be offered a suitable alternative vacancy. Returning to your job. Your rights when you go back to work after maternity leave. Employment law solicitor Richard Grogan of Richard Grogan & Associates writes on a case concerning maternity leave. You should also bear in mind that you are usually counted as being back at work if you are off sick or on annual leave but you should check the terms of your maternity policy. Free prescriptions and NHS dental care in pregnancy, Child Benefit for people earning £50,000+, Managing family finances when you’ve had a baby, Review your insurance after having a baby, Grants and benefits if you're studying and have a baby. It’s easy to assume that everything’s going to be back to normal when you return to work after maternity leave. This means you could return to work with a lot of holiday to take. 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