FAQs

All items: Return to work after maternity leave

Where an employee about to go on maternity leave requests to return on reduced hours, must the employer consider their request at that point?

Updated to reflect changes to the right to request flexible working in place from 6 April 2024, including that the employer must respond within two months.
Is an employer obliged to carry out an individual risk assessment for all new mothers returning to work from maternity leave?
Does an employee have the right to return to the same job after maternity leave?
Can an employer require employees to repay contractual maternity pay if they do not return to work for a minimum period?
Can employees postpone their return to work after maternity leave because they are breastfeeding?
Can an employer prevent an employee returning to work early from maternity leave because they are still breastfeeding?
If an employee on maternity leave has said to their employer that they may not take the full 52 weeks, can they return earlier than the end of their additional maternity leave?
If an employee on maternity leave has given notice that they will not take the full 52 weeks, can they change their mind and take the full entitlement?
If an employee does not return from maternity leave, does the employer have to pay them in lieu of the annual leave that they accrued during maternity leave?
Can an employer insist that an employee return to work from maternity leave on a particular day of the week?

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About this category

Frequently asked questions and answers on employees returning to work after maternity leave.