The right to return to work after maternity leave

The precise to work after maternity depart

What employers can supply to accommodate employees who’ve taken maternity depart and what their vacation entitlement is may be fraught with misunderstanding. This piece units out your obligations as an employer and the way employees want to speak earlier than they begin household life.

When my worker began maternity depart, they mentioned that they might return to work after their maternity pay had run out. They’ve now instructed me they’re coming again to work three months later

It’s a day-one proper to take a full yr (52 weeks) as maternity depart, of which 39 weeks can be paid as both maternity profit or maternity allowance, relying on Nationwide Insurance coverage contributions.

To qualify for both of those funds, an worker ought to inform their employer in regards to the being pregnant 15 weeks earlier than the due date. Moreover, the worker ought to affirm the anticipated week of childbirth and the date that they intend to start out their maternity depart. If the worker needs, maternity depart can begin 11 weeks earlier than the anticipated week of childbirth. Alternatively, they may work proper as much as the precise date of beginning.

When an employer has been instructed in regards to the being pregnant, they need to write to the worker inside 28 days to substantiate their return-to-work date and, though many staff do return after the maternity pay is exhausted, the very best and most secure wager is all the time to imagine that an worker goes to be away for a full yr.

If an worker needs to amend this date, then eight weeks’ discover needs to be given – until each events have agreed that much less discover is required.

>See additionally: Women and men bosses each discriminate over maternity depart fears

My worker desires to take annual depart on the finish of maternity depart. Do I’ve to agree?

A: Vacation entitlement continues to accrue whereas maternity depart is being taken. Nevertheless, an worker can’t take annual depart similtaneously maternity depart.

Ideally, the employer and worker would talk about vacation entitlement as early as potential, so that each one events have readability. It might be agreed that depart might be taken both earlier than or after maternity depart to minimise disruption.

One other risk might be that, following a return to work, an worker works on a few of their common working days and takes the remainder as vacation till the accrued entitlement has been used up. This needs to be mentioned prematurely and is greatest completed by means of settlement between the employer and worker.

My worker has talked about ‘maintaining in contact’ days. What are they?

A: An worker can work for as much as 10 days with out bringing maternity depart to an finish, if agreed between the worker and employer. It might be used as a manner of easing the worker again into work, maybe for a coaching day or to attend conferences of a convention. You will need to keep in mind that neither occasion can drive the opposite to make use of this facility and each events ought to agree the small print and guarantee there’s readability relating to fee.

My worker is returning to work in three weeks. I would really like them to do a unique job

A: If an worker has taken 26 weeks or much less, they’ve the precise to return to the identical job and will profit from any improved phrases and circumstances put in place whereas they have been on maternity depart.

If the worker has taken greater than 26 weeks maternity depart (Further Maternity Depart), they’ve the precise to return to the identical job on the identical phrases, until it’s not moderately practicable because of important adjustments to the organisation. In that case, they’ve the precise to return to a different job that’s each appropriate and acceptable. An acceptable job should be on phrases no much less beneficial than the phrases they loved of their authentic job. For instance, pay, advantages, vacation entitlement and seniority should be the identical as their authentic job.

Michele Piertney is a collective conciliator and senior advisor at Acas, the place she has labored throughout quite a lot of roles for practically 10 years

She is an skilled coach who has designed and delivered programs masking the total vary of employment relations and employment legislation points for all kinds of personal, public and third sector organisations

Michele helped develop the coaching that Acas gives across the influence of the menopause within the office and its on-line recommendation

Michele is a member of the CIPD and ITOL and the Manchester Industrial Relations Society

Additional studying

Statutory maternity pay UK