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. Here’s what you should know about your job, pay, holidays and flexible working before you go back to work. If you’re returning to work after 26 weeks or less, you’re entitled to return to the same job. What rights do I have to return to work after my maternity leave period ends? Or you can scroll through to see all our information on benefits under Covid-19 measures. 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. Return to work moms have a lot to worry about when re-entering the workforce after 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. This protection currently ends once she returns to work after maternity leave. Use this meeting to agree short-term objectives and to talk about your career plan. 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. If you’re returning after more than 26 weeks’, you still have the right to return to the same job unless your employer has … 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. Perhaps the most important right employees returning to work from maternity leave have is the right to return to their old job. While a woman is on maternity leave, her employer must give her preferential treatment in a redundancy situation. You might choose to work differently after having your baby to balance your job with your family or childcare needs. We'll only contact you in the ways you want, and we'll keep your data safe. It can feel strange having a foot in two different worlds. Employees, and their careers, without knowledge of these rights must often deal with employers who refuse to follow the law. You could also talk to your employer about a career break or a further period of unpaid leave. Legally while on maternity leave, any unfavourable treatment of a woman because she is on maternity leave is unlawful. To help you understand what to expect and where you stand, solicitor Melissa Cook explains your legal position when you return to work from maternity leave. 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). 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. It also helps to show your boss that you’re adding value. We also offer antenatal courses which are a great way to find out more about birth, labour and life with a new baby. This page was last reviewed in September 2017. Reg Charity No (England and Wales): 801395, (Scotland): SC041592. If an employee takes more than 26 weeks (additional maternity leave) you . When you first ask for maternity leave your employer will give you a date for returning to work. 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. 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 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. For example, some women return to work when their maternity pay ends after 39 weeks. 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. Maternity pay You might be . 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. Maternity leave is different from parental leave. For example, just because a woman has not been working, does not mean that she is not entitled to a pay increment linked to her years of service which would have applied had she still been at work. If you are not well enough to return to work at the end of your maternity leave, you are entitled to take sick leave in the normal way. Working Families helpline on 0300 012 0312. 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). parents on statutory maternity and paternity leave who return to work in the coming months will be eligible for furlough scheme even after 10 … We also give you some tips to help you when you return to work and hints on choosing childcare. You can go back to work and postpone your maternity leave for up to 6 months. If this is the case, your employer should offer you a suitable alternative job with the same terms and conditions. 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. Yesslaw provides advice and help with resolving disputes at work. Child Tax Credit: what are you entitled to? 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. Read our article about childcare options. If possible, you will be supported to complete your 52 weeks of paid work on the same or another project when you finish your maternity leave. 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. 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. Our tips help you plan your return and know your rights, flexible working, options and childcare. This means that an employee may be entitled to receive a “top-up” payment from their employer during maternity leave. Last Reviewed: January 2020 How long do I have to work to get maternity leave? A woman must also be treated as if she had not been absent from work for the purposes of accruing seniority or entitlement to potential benefits. however i have now been informed by my employer that when i return part time in jan i will remain on my hourly rate but for travel will get 20pence per mile..a hell of a difference. Flexible working could be an option for you to consider. Feeling happy with your childcare can help make you feel more relaxed about returning to work. When I return to work I will no longer be able to do these shifts due to … 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. If you want to do that, you should seek legal advice – see the end of this page for contact details. If you’re returning after more than 26 weeks’, you still have the right to return to the same job unless your employer has a good business reason why not. Am I entitled to a suitable alternative job offer if the redundancy happens after my return to work from maternity leave? If you need further time off you could give notice to take Parental Leave. Maternity Action for information and advice on maternity and parental rights at work on 0808 802 0029. To speak to a qualified employment solicitor at Springhouse Solicitors, call one of our offices, email us or use our web form…. However, any service which accrued while she was off work must be counted by an employer and any maternity related absence cannot be considered for the purposes of a redundancy selection process. The NYC Employment law firm of Lipsky Lowe LLP explains what rights mothers have when they come back and what employers are and are not allowed to do. Birth and Beyond Community Support Programme (BBCS). 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. 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. Remember, though, you accrue holiday as normal throughout maternity leave so you should take the holiday in between the two lots of maternity leave. returning to work after maternity leave resigning during or after maternity leave how to resolve disputes at work, and benefits for families. Flexible working hours for parents: a guide, Sign up to our weekly Pregnancy & Baby Guide. If your employer usually pays full sick pay, you are entitled to this after maternity leave. A good business reason might be where your employer has made significant changes in the organisation while you were on leave and your job and your colleagues’ jobs have changed. i am a care assistant where i travel house to house. I agree to NCT contacting me in the following ways: By submitting this form you are agreeing to our website's general Terms and Conditions of use. Acas offers advice on employment rights and early conciliation. Returning to work after maternity leave can be a hugely stressful undertaking. The Rights of Maternity Leave The 1964 Civil Rights […] Maternity leave is an unpaid leave available to pregnant employees. This site uses JavaScript to make some controls and types of content available. Returning to work after having a baby: Your maternity leave, pay and other rights - Acas 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. Under the Equality Act 2010, employees are protected against unfavourable treatment as a result of a pregnancy (of hers) and maternity. Maternity leave and return to work Please click on the question that applies to your situation and it will take you through to the relevant section. What are my rights if I want to change my hours when I return from maternity leave? This is called a ‘request for flexible work’. We would like to keep in touch with you about our services, support, events, campaigns, and fundraising. This means that she must be offered suitable alternative positions ahead of anyone else. Read more about our editorial review process. We create our articles with NCT antenatal teachers, postnatal leaders and breastfeeding counsellors, as well as academics and representatives from relevant organisations and charities. You might slot straight back into work after maternity leave, or feel like it’ll take ages to get used to being apart from your baby. Your employer should assume that you are taking the full 52 weeks’ maternity leave. What is maternity leave? Its Helpline Online can answer questions on employee rights. That means you should notify your employer, providing any sick notes required. Returning to work after maternity leave When you returning to work after having your baby, you are entitled to go back to the same job as before you went on maternity leave. When it comes to content, our aim is simple: every parent should have access to information they can trust. 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. If your employer was unable to keep your job open while you were on parental leave, you need to tell your employer at least 21 days before the date you’ll be available for work. If your employer doesn’t give you your job back, you may have a claim for unfair dismissal, automatic unfair dismissal and/or maternity discrimination. You should discuss with your sponsor the payment you qualify for while you are on To update your permissions, contact us on 0300 330 0700 or email enquiries@nct.org.uk. But try to remember that most people find the right balance eventually. A weekly update is useful to talk about what is working well and to raise issues. Returning to work post maternity leave involves a full array of challenges for mothers, but it also involves a number of legal protections. Returning to work after maternity leave can be tough. All 12 weeks of maternity leave can be taken at the same time or they can be broken up over the course of the year before or after the birth of your baby. Not necessarily. It can also be more financially beneficial to an employee who has had a period of unpaid of time off. If you wish to change your working hours on your return then you must request to do so. Find out more about choosing flexible working. [This page was last updated on 10 December 2020.] If you want to return to work earlier, you must give at least eight weeks’ notice to return to work early. Your Baby Will Love You Less Going back to work, whether it is by choice or necessity, is a tough decision for many women. When you return to work after maternity leave, it’s important to know your rights. 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. 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. 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. 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. Practical and emotional support with feeding your baby and general enquiries for parents, members and volunteers. This is quite a long one so please bear with me. That’s why this article covers your rights when you go back to work after maternity leave, including flexible working, and what to do if you need to take more time off. You […] I currently work 12 hour shifts, from 7am to 7pm and also I do a whole week of nights every 8 weeks. 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