Read more about our editorial review process. Our tips help you plan your return and know your rights, flexible working, options and childcare. Your life has changed in ways that you never imagined, and even if you are genuinely excited about heading back to work it will undoubtedly Returning to work after maternity leave can be daunting. You do not have to take 52 weeks but you must take 2 weeks’ leave after your baby is born (or 4 weeks if you work in a factory). When you return to work after maternity leave, it’s important to know your rights. Perhaps the most important right employees returning to work from maternity leave have is the right to return to their old job. This date becomes the start of your six month period of preference. An employer cannot decide to keep on anyone else who was employed to cover the maternity leave in the returning woman’s role – it is her job and she is legally entitled to return to it. Your rights when you go back to work after maternity leave, including changing your working arrangements, redundancy and holiday entitlement. Working Families helpline on 0300 012 0312. Calling us costs the same as any local call, however, if you have free 'inclusive' minutes on a landline or mobile, it will be included in those. before i left for maternity i was on £7.60 per hour plus i got 2 hrs pay per shift (ie am,lunch tea) for my travel (fuel cost, my time ,wear and tear). To update your permissions, contact us on 0300 330 0700 or email enquiries@nct.org.uk. You could also talk to your employer about a career break or a further period of unpaid leave. Make friends with other parents-to-be and new parents in your local area for support and friendship by seeing what NCT activities are happening nearby. Because a worker cannot mix different types of leave, someone who took 12 months maternity leave would potentially have a year’s worth of accrued holiday at the end of her leave. JHolland asks Mum & Career: Hi all, Please could someone give me some advice on my rights on returning to work or at least where I can look? Acas offers advice on employment rights and early conciliation. You […] Read our article about childcare options. It can feel strange having a foot in two different worlds. Maternity pay You might be . Returning to work after Statutory Maternity Leave When returning to work after Ordinary Maternity Leave (the first 26 weeks of your Statutory Maternity Leave), you have a right to the same job and the same terms and conditions as if you hadn’t been away. This means that an employee may be entitled to receive a “top-up” payment from their employer during maternity leave. For example, you could work part-time, term-times only, work from home or a job share. It's vital that parents returning to work after maternity leave understand their employment rights and how to enforce them in order to avoid discrimination. If you wish to change your working hours on your return then you must request to do so. Returning to work after having a baby: Your maternity leave, pay and other rights - Acas Whilst there must be a provable link between the treatment and the reason for it, this is potentially a wide protection as there is no need to compare treatment with anyone else (as there is in other direct discrimination cases) and the protection is potentially unlimited in time. As many as 390,000 mothers a year could be experiencing discrimination during pregnancy, maternity leave and/or on return from maternity leave… Your rights when you go back to work after maternity leave If you’re returning to work after 26 weeks or less, you’re entitled to return to the same job. Am I entitled to a suitable alternative job offer if the redundancy happens after my return to work from maternity leave? Often, an employer will require employees to take all of their accrued annual leave at the end of their maternity leave (or before they go) as this is less disruptive. Not necessarily. This protection currently ends once she returns to work after maternity leave. This is called a ‘request for flexible work’. Biological fathers and adoptive parents are not entitled to maternity leave but they are entitled to parental leave. They may also be unable to work they are clinically extremely vulnerable and cannot work safely, or they have caring responsibilities due to coronavirus, such as looking after children. That means you should notify your employer, providing any sick notes required. Here are our tips to help you with your return to work: For example, you could ask to use your annual leave to work a shorter week for the first month, or reduce your hours on a temporary basis. Protection against unfavourable treatment Under the Equality Act 2010, employees are protected against unfavourable treatment as a result of a pregnancy (of hers) and maternity. You should discuss with your sponsor the payment you qualify for while you are on Flexible working hours for parents: a guide, Sign up to our weekly Pregnancy & Baby Guide. I have already given … You accrue annual leave as normal during your maternity leave so you could ask your employer if you can use up some holiday. You’ll be in the working world where you carry on as you did before the birth, and then you’ve got your new life with your baby. Returning to work after maternity leave can be a difficult and uncertain time, particularly if you’ve just given birth to your first child and are unsure of your rights. Returning to work: know your rights Yes it’s intimidating for most of us, but as long as your employer is fair there are a million different ways you can make returning to employment after maternity leave work brilliantly for you. So, for example, any general pay rise which was implemented while she wasn’t working also has to be applied to her upon her return. It's essential to understand your employee rights, and what is expected of your employer. Returning to work post maternity leave involves a full array of challenges for mothers, but it also involves a number of legal protections. Maternity leave is different from parental leave. Legally while on maternity leave, any unfavourable treatment of a woman because she is on maternity leave is unlawful. Under the Fair Work Act, employees who have responsibility for the care of a child and are returning to work after taking leave in relation to the birth of the child may request to work part-time to assist the employee to care for the We create our articles with NCT antenatal teachers, postnatal leaders and breastfeeding counsellors, as well as academics and representatives from relevant organisations and charities. This means that she must be offered suitable alternative positions ahead of anyone else. You do not have an absolute right to change your hours but if an employer unreasonably turns you down then you may have a sex discrimination argument. Knowing more about this transition and your rights around it can help you feel more confident when the time comes. Find out more about choosing flexible working. Decide whether or not to return to work, and know your rights over working part-time and paying back maternity pay. Last Reviewed: January 2020 How long do I have to work to get maternity leave? i am a care assistant where i travel house to house. If you’re returning to work after 26 weeks or less, you’re entitled to return to the same job. If you’re returning after more than 26 weeks’, you still have the right to return to the same job unless your employer has … However, if this is the case, an employer is obliged to provide a a comparable job which is suitable for her, on the same terms and conditions such as pay and responsibility, as the role that existed prior to taking leave. It is a good idea to confirm it in writing and to talk to your employer about whether you will be returning to the same job. Employees, and their careers, without knowledge of these rights must often deal with employers who refuse to follow the law. The Rights of Maternity Leave The 1964 Civil Rights […] Returning to work after maternity leave can be a hugely stressful undertaking. 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