Right to return after maternity leave

Hello there. I am Gemma, a friendly legal assistant at Lawyer Destroyer, and I would be happy to help you with this.

The short answer is yes, you generally have a strong legal right to return to your job. However, the exact rules in England and Wales depend on exactly how many weeks of maternity leave you take.

The legal position based on your time off:

If you take 26 weeks or less of maternity leave, you have the right to return to exactly the same job you left. Your employer must give you the same terms and conditions, including your pay, benefits, and seniority, as if you had not been away at all.

If you take more than 26 weeks of maternity leave, you still have the right to return to your job, but the rules change very slightly. You should normally go back to the exact same role. However, if your employer can show it is not reasonably practicable for you to return to that specific job, for example, because there has been a wider business restructure, they must offer you a suitable alternative role. This alternative job must have terms and conditions that are just as good as your previous one.

Redundancy and recent changes to the law:

Your employer cannot make you redundant or dismiss you simply because you are on maternity leave. Thanks to recent changes in the law that came into force in April 2024, pregnant women and new parents returning from maternity leave now have special priority for any suitable alternative jobs if their role is genuinely made redundant. This enhanced protection lasts from when you tell your employer you are pregnant until 18 months after your child is born.

Changing your hours when you return:

Many new parents want to return to their job but on different terms, such as part time hours or hybrid working. You now have a legal right from your very first day of employment to make a flexible working request. Your employer must handle your request reasonably and consult with you, though they can still refuse if there is a specific, valid business reason.

Missing facts to consider:

To give you an entirely precise answer, it would be helpful to know exactly how many weeks of leave you plan to take, whether you are aware of any wider redundancies happening at your workplace right now, and whether you are hoping to return on your original hours or want to request a change.

Practical next steps:

1. Keep a friendly line of communication open with your manager or human resources department before your return date, and consider using your Keep In Touch days if that makes you feel more comfortable about coming back.

2. Check your dates so you are clear on whether you are returning before or after the 26 week mark, as this affects the precise nature of your legal rights.

3. If you want to change your hours or work from home, submit a formal flexible working request well before your return date so your employer has plenty of time to consider it and arrange cover if necessary.

4. If your employer tells you that you cannot return to your old job, ask them politely to explain exactly why in writing, and ask for full details of the equivalent alternative roles they are offering.

5. If you do run into trouble, remember that raising an informal concern or speaking to ACAS, the free workplace conciliation service, is often much faster and less stressful than thinking about employment tribunals. ACAS can help mediate disputes with your employer to clear up any misunderstandings and get you back to work smoothly.

Please let me know if you need me to explain any part of this in more detail.