Maternity, paternity and adoption - an overview

Returning to work after maternity leave

All employees on Ordinary Maternity Leave - regardless of their length of service, or the hours they work - are entitled to return to the same job with terms and conditions as if they had not been away.

Employees who decide to take Additional Maternity Leave are entitled to return to the same job but if this is not practicable, to a suitable alternative.

There are certain rights and obligations concerning an employee's return to work following maternity leave:

• You must write to the employee confirming her return to work date within 28 days of her informing you of her due date. You can download a model maternity leave acknowledgement letter from the DTI website (DOC).
• An employee doesn't have to give you notice if she intends to return to work at the end of her maternity leave but if she wants to return before the expiry of her leave she must give 28 days' notice.
• The employee can't return for at least two weeks after the baby is born - four if she works in a factory.
• If an employee can't return to work at the end of the leave because she's ill, you should treat this as normal sickness absence.
• If an employee does not want to return to work on the expiry of her maternity leave she must give the period of notice required by her contract of employment.

Subjects covered in this guide

• Introduction
• When an employee is pregnant
• Health and safety of new and expectant mothers
• Maternity pay
• Returning to work after maternity leave
• Paternity pay
• Adoption pay
• Maternity, paternity and adoption leave
• Parental leave
• Time off for dependants
• Family-friendly ways of working

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