Maternity leave

[Jezz0987]

Hi...I've taken 9 months of my maternity leave on December 17th 2018 but want to extend it to the full year. I'm aware that the last three months are unpaid. I have already said to work I will come back on the 17th December on reduced hours, this has been put on writing. I am wondering if I now tell them I wish to extend it by another three months (so won't be retiring untill around mid March 2019) can they say no or do they have to legally honer me the time? How much notice do I need to give them to let them know this is what I wish to do? I am due back in roughly 8 weeks. Thank you

You have to give them 8 weeks' notice if you want to change your return date, so you need to tell them right now.

Can they refuse me to come back or do they have to give me my job back? The only reason I ask is because they were having me back on reduced hours so I guess I'm not technically going back to the same job?

They can't refuse you to come back no. They could technically make you come back on the day you originally suggested as you're supposed to give 8 weeks' notice of a change but are unlikely to do so.

You've already negotiated changed hours, so unless that was conditional on you returning on a set date, they would not be reasonable to withdraw their agreement to your flexible working request just because you delay your return for three months.

Am I aloud to do agency work whilst receiving smp pay?