Returning to the same job
I have heard that things are being re-organised at work. Do I have to be given my old job back?
It will depend on how long you have been on maternity leave. If you have taken 26 weeks maternity leave then you should be given exactly the same job back, just as if you'd been on holiday or not away at all.
If you take more than 26 weeks maternity leave ,the law states that if it is not 'reasonably practicable' for your employer to give you your old job back then you have the right to return to a suitable alternative job that is not substantially less favourable to you. However, in reality this situation rarely comes up.
A rule of thumb is that if your job exists, you should be given it back. If it no longer exists or has been re-organised beyond recognition there is a redundancy situation, and as a woman on maternity leave you have special protection.
In any case, if there is a re-organisation or redundancy situation you must be consulted on it. If you need further advice please call Working Families helpline on 0800 013 0313 or see www.workingfamilies.org.uk
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