Your other rights in pregnancy

Returning to work
Do I have to give notice of my return from maternity leave?
You do not need to give any notice of return if you are going back to work at the end of maternity leave. You simply go to work on the day that you are due back.

You are entitled to 52 weeks' maternity leave, so your employer should expect you back the day after the 52 weeks are up. If you want to return to work before the end of your maternity leave, you must give your employer at least 8 weeks' notice of the date you will be returning. If you do not give this notice and just turn up at work before the end of your maternity leave, your employer can send you away for up to 8 weeks or until the end of your leave, whichever is earlier.

Note: if you only wish to take OML you must give 8 weeks notice of your return as you are in fact returning early. The law does not allow you to work for two weeks after childbirth and this period is known as Compulsory Maternity Leave. You will not be allowed to return to work during this time.

What happens when I go back?
When you go back to work after OML, you have the right to return to exactly the same job. When you go back to work after AML, you also have the right to return to exactly the same job. But, if your employer can show that it is not reasonably practicable for you to return to the same job, for example, because the job no longer exists, you have the right to be offered a suitable alternative job on very similar terms and conditions.

What happens if I need more time off work?
You cannot stay off work after your maternity leave has ended as you will lose your right to return to work if you do not go back at the end of OML or AML. If you need more time off you could:

• ask your employer if you can take annual leave immediately after your maternity leave. Note that paid holiday continues to accrue during maternity leave so you may have some holiday owing to you.
• Ask your employer if they will agree to a further period off work. You should ask your employer to confirm this agreement in writing and to confirm that you will have the right to return to the same job.
• Take some Parental Leave at the end of your maternity leave. For more information, please see our factsheet Time off working for parents. Note that you must give 21 days notice to take parental leave and it is usually unpaid unless your employer offers paid parental leave.
• If you cannot return because you are ill you can take sick leave as long as you follow your employer?s sickness procedures.

What should I do if I do not want to go back to work?
You should resign in the normal way, giving the notice required by your contract or the notice period that is normally given in your workplace. If you do not have a contract or nothing has been said you should give a week's notice. You do NOT have to repay any of the SMP you received.

What happens if I say I want to return to work and I change my mind?
Many women find it impossible to know before the birth how they will feel afterwards, so it is always a good idea to say you are coming back in order to keep your options open. If you decide later not to return you can resign from your job in the normal way. Your notice period can run at the same time as your maternity leave.

read more:  previous | 1 |  2 |  3 |  4 |  5 | next printer friendly send to a friend