We would like to keep in touch with you about our services, support, events, campaigns, and fundraising. What rights do I have to return to work after my maternity leave period ends? If this is the case, your employer should offer you a suitable alternative job with the same terms and conditions. That’s why it is particularly important to understand what your legal rights and entitlements are regarding holidays, promotions and pay, prior to heading back to work. You get the same amount of maternity leave and pay even if you have more than one baby, for example twins. Decide whether or not to return to work, and know your rights over working part-time and paying back maternity pay. Reg Company No: 2370573. i am a care assistant where i travel house to house. If you do return to work then you have the same rights to time off for ante natal appointments, health and safety risk assessments and to … Read our article about childcare options. You have three months to make a claim and you should contact Acas (Advisory, Conciliation and Arbitration Service) for Early Conciliation to do so. If you need further time off you could give notice to take Parental Leave. However, if it is not possible for a woman to comply with such a rule due to being on maternity leave, then the rule has to be disapplied, meaning she has the right to carry over her holiday entitlement to a subsequent year. Return to work moms have a lot to worry about when re-entering the workforce after maternity leave. Child Tax Credit: what are you entitled to? It may also be necessary to recalculate any earnings related statutory maternity pay (SMP) to take account of any pay rise granted before the end of period of leave. To speak to a qualified employment solicitor at Springhouse Solicitors, call one of our offices, email us or use our web form…. It's essential to understand your employee rights, and what is expected of your employer. It’s very easy for those you work with to assume everything is OK if you don’t say anything. This will show your commitment and professionalism. This can be helpful while you get back up to speed, but don’t feel tied to it – it's OK to go at your own pace. 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. Find out more about choosing flexible working. Here we set out your rights and expectations when returning back to work. This means that she must be offered suitable alternative positions ahead of anyone else. You might choose to work differently after having your baby to balance your job with your family or childcare needs. If you’re returning after more than 26 weeks’, you still have the right to return to the same job unless your employer has … JavaScript is disabled in your web browser. Its Helpline Online can answer questions on employee rights. An employee who has been absent on maternity leave has the right to enjoy all of the terms and conditions they would have had if they were still working. You have a basic statutory right to return to work on the terms and conditions that applied before you went on maternity leave , but there is an important difference to the protection the law gives you, depending on how much maternity leave you decide to take. 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. 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. Employees, and their careers, without knowledge of these rights must often deal with employers who refuse to follow the law. For example, you could work part-time, term-times only, work from home or a job share. We also give you some tips to help you when you return to work and hints on choosing childcare. After the first compulsory 2 or 4 weeks, how many of the 52 weeks you take is up to you. It can feel strange having a foot in two different worlds. This date becomes the start of your six month period of preference. parents on statutory maternity and paternity leave who return to work in the coming months will be eligible for furlough scheme even after 10 … Read our article about childcare options. Returning to work after having a baby: Your maternity leave, pay and other rights - Acas This means that an employee may be entitled to receive a “top-up” payment from their employer during maternity leave. For more information on a woman’s employee rights regarding pregnancy and maternity, please see our article debunking common myths surrounding the topic. What are my rights if I want to change my hours when I return from maternity leave? Some employers enforce a rule that all holiday has to be taken in the same working year in which it accrues, with no carry over allowed. Use this meeting to agree short-term objectives and to talk about your career plan. Contact  020 3701 7530/7531 or email info@yesslaw.org.uk. Am I entitled to a suitable alternative job offer if the redundancy happens after my return to work from maternity leave? Not necessarily. We create our articles with NCT antenatal teachers, postnatal leaders and breastfeeding counsellors, as well as academics and representatives from relevant organisations and charities. Maternity pay You might be . A woman who is dismissed  from work following her return from maternity leave for a reason related to pregnancy, maternity or because she took leave will be automatically count as an unfair dismissal and the offended party will be able to bring a claim against her employer, regardless of length of service. Our tips help you plan your return and know your rights, flexible working, options and childcare. These are important. Practical and emotional support with feeding your baby and general enquiries for parents, members and volunteers. Remember, though, you accrue holiday as normal throughout maternity leave so you should take the holiday in between the two lots of maternity 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. Last Reviewed: January 2020 How long do I have to work to get maternity leave? If you intend to go back to work after your parental leave, and your job was kept open, you have to write to your employer at least 21 days before your leave ends and advise them that you intend to return to work. If you usually get Statutory Sick Pay, you may not be entitled to it if your earnings were not high enough in the previous eight weeks, see: www.gov.uk/statutory-sick-pay. This is called a ‘request for flexible work’. 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 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). While an employee is on maternity leave, she continues to accrue all her contractual holiday entitlement as though she were still working. Returning to work after maternity leave You must allow an employee to return to the same job during or at the end of 26 weeks (ordinary maternity leave). A weekly update is useful to talk about what is working well and to raise issues. To update your permissions, contact us on 0300 330 0700 or email enquiries@nct.org.uk. If you’re returning to work after 26 weeks or less, you’re entitled to return to the same job. returning to work after maternity leave resigning during or after maternity leave how to resolve disputes at work, and benefits for families. A woman made redundant while on maternity leave must be offered any suitable alternative vacancy if the company has one, and you shouldn’t need to apply for it. 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. Your maternity leave does not break your continuity of employment, so you have the same right to take maternity leave and receive maternity pay as with your first pregnancy. Yesslaw provides advice and help with resolving disputes at work. But try to remember that most people find the right balance eventually. However, if you do not return to work (or do not return for very long) you may not earn enough to qualify for Statutory Maternity Pay (SMP) for your second period of maternity leave. You […] This is quite a long one so please bear with me. 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. While a woman is on maternity leave, her employer must give her preferential treatment in a redundancy situation. When you first ask for maternity leave your employer will give you a date for returning to work. 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