Returning after maternity — Rights and Tips
The first few days back at work after returning from maternity leave can be challenging as you get used to working life again and time away from your baby .
You may feel comfortable being back in a familiar environment , while at other times it may feel like it will take ages to settle in again .
A back to work plan agreed with your employer and including a planned handover period can provide a helpful framework for you to get back up to speed . You may find the plan needs to be readjusted because you are adapting quickly or not . It ' s OK to speed things up or down if that feels right to you .
Rights on return to work
If you are returning to work after 26 weeks or less you are entitled to return to exactly the same job as you were doing before the start of your leave . If you are returning after more than 26 weeks ’ maternity leave you still have the right to return to the same job but if your employer has a good business reason why you cannot return to the same job , your employer can offer you a suitable alternative job on the same terms and conditions .
A good business reason might apply where the employer has made significant changes in the organisation while you were on leave and your job and your colleagues ’ jobs have changed . It is not a good reason if your employer is keeping your maternity cover in your post and offering you a different job after returning to work . There must be a good reason why you cannot return to your old job .
If your employer does not give you your job back after maternity leave you may have a claim for unfair dismissal and maternity discrimination and you should seek legal advice . You have three months from the date of refusal to make a claim and you should contact ACAS for Early Conciliation if you are thinking of bringing a claim . There are a number of organisations below who may be able to help you resolve disputes at work .