Q re employer and return after mat leave

(10 Posts)
MyWey Tue 05-Apr-16 21:37:50

Hi, can my employer ask me to return earlier than my full maternity leave entitlement?

MyWey Tue 05-Apr-16 21:38:45

Not my employer btw an employer. Asking on behalf of a friend.

SellFridges Tue 05-Apr-16 21:45:00

I don't believe so. But after the first (I think) 39 weeks of your leave they are under no obligation to keep your job/an equivalent job open for you.

dementedpixie Tue 05-Apr-16 21:48:39

They have to assume you are taking the full year and you need to give advance notice if you intend to return earlier than that

dementedpixie Tue 05-Apr-16 21:54:12

Returning to work
Employees have the right to return to their job if they take only:

Ordinary Maternity or Ordinary Adoption Leave
Ordinary Paternity Leave
Additional Paternity Leave
4 weeks or less of parental leave
The rules are different if the employee takes:

Additional Maternity or Additional Adoption Leave
more than 4 weeks of parental leave
In this situation, employees have the right to their job or a similar job (if it’s not possible to give them their old job). Similar means the job has the same or better terms and conditions. If the employee unreasonably refuses to take the similar job the employer can take this as their resignation.

(After the full entitlement they still have the right to the same or similar job)

GahBuggerit Tue 05-Apr-16 21:55:19

they can make an informal enquiry as to your plans but theres no obligation to respond. they have to keep your original role open up to OML and then its original or equivalent status role if no good reason for otiginal role not being available

MyWey Tue 05-Apr-16 22:54:08

So, hopefully without giving too much away, my friend texted me tonight with the top question. Her boss had rung her to ask if she would consider going back in June (her baby was born in Sept). She felt put on the spot and now feels under pressure to agree.

lougle Tue 05-Apr-16 23:14:36

There is no law that stops them from asking, but best practice is to assume that a woman is taking the full year unless they state otherwise. In any event, she shouldn't feel put on the spot because it is illegal to treat her badly because she takes any or all of her entitlement to maternity leave.

flowery Wed 06-Apr-16 08:57:09

They can ask, yes. But she should feel free to say no.

MyWey Wed 06-Apr-16 09:59:06

Thanks. I will let her know. I think her mat cover has found another job so wants to leave early.

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