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Maternity leave: returning to work
Find out about your employment rights and responsibilities when you return to work after maternity leave, including what you can do if you have any problems or if you are denied your rights.
Returning to work
When you return to work after ordinary maternity leave, you have a right to the same job and the same terms and conditions as if you hadn’t been absent.
This also applies when you come back after additional maternity leave, unless your employer shows that it’s not reasonably practicable for them to take you back in your original job (for example, because the job no longer exists). In that case, you must be offered alternative work with terms and conditions as if you hadn’t been absent.
Giving notice of your return to work
If you take your full 52 weeks' leave, you don’t need to give notice that you are coming back, but it’s a good idea to do so.
If you decide not to return to work at all, you must give your employer notice in the normal way.
If you don’t want to take your full leave
Your employer must assume that you will take all 52 weeks of your maternity leave.
You may not want to take all of your leave. If you wish to return earlier, for example at the end of your paid leave you must give at least eight weeks’ notice that you:
- are returning to work early
- want to change the date of your return
Your employer can insist that you don’t return until the eight weeks have passed.
What happens if you are ill at the end of your leave
If you can’t return to work at the end of your maternity leave because of illness, tell your employer in the normal way.
Flexible working
As the parent of a child aged 16 or under, or a disabled child under 18, you are entitled to request a flexible working pattern. This can help you balance caring for your child and work. Your employer must consider your request and respond to you in writing.
Breastfeeding
You should let your employer know in writing if you are planning to breastfeed when you return to work. Ideally you should do this before you return so that your employer has time to plan.
Your employer must carry out a risk assessment to identify risks to you as a breastfeeding mother or to your baby. If there are risks they must do all that is reasonable to remove the risks or make alternative arrangements for you. Your employer must also provide suitable rest facilities.
Although there is no legal requirement, employers are encouraged to provide a private, healthy and safe environment for nursing mothers to express and store milk.
Taking parental leave after maternity leave
If you need more time off to look after your child you may be able to take parental leave. You can take up to four weeks' parental leave at the end of your maternity leave without affecting your right to return.
If you take more than four weeks you will be able to return to the same job unless this is not reasonably practicable. In this case you must be offered alternative work that is suitable to you and with terms and conditions as if you hadn’t been absent.
Parental leave doesn’t have to follow straight on after maternity leave. You can take parental leave at a later time after you have returned to work.
What to do if you have problems
If you are being denied your rights, talk to your employer first of all. If you have an employee representative (eg a trade union official), they may be able to help.
If this doesn’t work, you may need to make a complaint using your employer’s internal grievance procedure.
If you are still unhappy, you can make a complaint to an Employment Tribunal.
Where to get help
For more information on where to get help with employment issues visit the employment contacts page or find out more about trade unions.
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