Returning to work

Employee's rights on returning to work

The compulsory leave every new mother must take

You must take two weeks off (four if you work in a factory) from the date you have your baby, whether you feel fit to go back to work or not. This is for your own health and safety, and it is unlawful for an employer to allow a woman to work during this compulsory maternity leave period. What you do after that period is up, is down to you.

Returning to work

You do not need to give notice of your return if you are going back to work at the end of maternity leave. If you are still going back on the date you told your employer there is no need to give any more notice. If you want to change your date of return you must give your employer 8 weeks’ notice of the change.

If you are entitled to Ordinary Maternity Leave (OML) you will be due back to work on the day after the end of the 26 week period.
If you are entitled to Annual Maternity Leave (AML) you will be due back to work on the day after the end of the 52 week period.

If you return to work during or at the end of the first 26 weeks (ordinary maternity leave) you are entitled to the same job on terms and conditions (eg your salary, hours and the seniority of your job) as if you hadn’t been away

After a year’s absence (AML) your employer must give you the same job back, unless this is not reasonably practical (for example, if your job has changed due to organisational restructuring). In this case, you are entitled to return to a job that is suitable and appropriate for you and not substantially less favourable. If there is no alternative job available and you are genuinely redundant, you may be entitled to redundancy pay.

Taking additional time off

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 your OML or AML (if you are entitled to it).

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. 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 are sick at the end of your maternity leave, you must follow your company’s normal procedures so that you are not treated as absent without authorised leave.

Not returning to work

If you 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.

Changing you mind about returning to work

Many new mum’s 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.

Help with childcare costs

Some employers have schemes to help their employee's meet childcare needs, these include nuseries, direct payment of childcare and childcare vouchers. For more info read child care vouchers. Some people may also be entitled to tax credits to help cover child care.

Parental leave

If you have one year of service with a company then you are entitled to take unpaid leave to take care of a child under 6 you can take up to 13 weeks if needed

Time off in the case of an emergency

All employees have the right to a reasonable amount of unpaid time off to deal with an emergency involving a dependant. (it is worth noting that a dependant is defined as spouse or partner as well child)

Flexable working hours

As the parent of a child under six or a parent of a disabled child you are entitled to make a request to change to a flexible working pattern. You must follow the correct procedure and apply to your employer requesting flexible working hours. Your employer must seriously consider your request and follow their part of the procedure. Your employer must have a good business reason for refusing. You may be able to rely on sex discrimination law if your request is refused and you do not think your employer has a good business reason for the refusal.

Returning part time

You have the right to ask for part-time or flexible hours and your employer has a duty to seriously consider your request. Your employer must have a good business reason for refusing. You may be able to rely on sex discrimination law if your request is refused and you do not think your employer has a good business reason for the refusal.

Note: Since April 2003 the right to request flexible work involves a clear procedure, which both you and your employer must follow. You should make a written application and your employer must then arrange a meeting with you to discuss it within 28 days, unless your request is agreed at the outset. Be careful to follow the procedure correctly.

Flexi - time

Flexi time allows you to vary your hours, although there is usually a "core" time where you have to work, and an expected number of working hours a day. For example if the core time is 10 am - 4 pm you could work 8 am - 4 pm, 9 am - 5 pm or 10 am - 6 pm. If you worked 8 am - 6 pm one day you could bank the extra two hours and work 2 hours less another day. Many schemes allow you to bank hours over a long period and take whole or half days off.

Job - sharing

Job - sharing is where a job is split, usually between 2 people. For example one person might do mornings and another afternoons or one could do Mondays and Tuesdays and the other Wednesdays, Thursdays and Fridays. Sometimes there is a period when both job - sharers are in the office to liaise and handover.

Life insurance

Now that you are parents it is a good idea to think about getting life insurane if you don't already have it, it could make a huge difference if you were to die.