Additional maternity leave (AML)

During the AML period you will continue to be an employee, but the only contractual rights that continue automatically will be:

• the notice period in your contract of employment will still apply (if either you or your employer wish to terminate your employment)
• you will be entitled to redundancy pay
• disciplinary and grievance procedures will apply
• if your contract has a section which states you must not work for any other company, this will still apply.

These rules do affect your statutory rights (i.e. rights that apply by law to all employees in this country). For example, everyone has a legal right to 20 days paid annual leave whether they are on maternity leave or not. Also your employer must not discriminate against you by failing to consider you for opportunities such as promotion.

If you are made redundant whilst on maternity leave, your employer must offer you any suitable alternative work that is available. If there is none, they must pay you any notice and redundancy pay that you are entitled to.

Do I have to give notice of my return?

You don t need to give any notice of return if you are going back to work at the end of your leave (52 weeks from the start of your maternity leave). You simply go to work on the day that you are due back.

If you want to return to work early, you must give your employer 28 days notice of the date you will be returning. If you are entitled to AML and only wish to take OML, you must give your employer 28 days notice before the end of your OML period as you will be returning to work early. If you do not give this notice and just turn up at work before the end of your AML, your employer can send you away for 28 days or until the end of your AML, whichever is earlier.

What happens when I go back? When you return to work after additional maternity leave your employer must give you back

• the same job, or
• only if that is not reasonably practicable, a suitable job on very similar terms and conditions.