Nanny early return from ML

[Whathappenednow]

When my nanny went on ML nearly 5 months ago I put my DC in nursery and they love it there. Nanny has recently contacted me asking to come back to work early which will be before the first 26 weeks of ML but since DC is so well settled in nursery I am reluctant to take them out. What are my options? Do I have to give her job back?

You are obliged to offer the same role if they take up to 39weeks, or make them redundant.

If you are planning to use the nursery from now on without employing her at all then you will need to negotiate her leaving , at the very least I would have thought you will need to pay her the rest of her maternity pay and any holiday pay she is owed, plus maybe extra to compensate for the lack of notice.

If you are planning on using her services then you will have to cancel the nursery place and take her back at the end of her ML, or earlier if that is what you decide.

If you no longer want to employ a nanny you can make her redundant, get specialist advice to ensure it's legally done (and be generous)

Sounds like redundancy

Job isn't there anymore as using nursery

Was she expecting to come back with baby /had you discussed this

I think it would have been kinder to give her a heads up that you would not be expecting the job to be available once her ML ended. But what's done is done. You can make her redundant I believe but will need to pay rest of ML and I assume holiday pay too.

If you aren't planning to make her redundant then I think she has to give 8 weeks notice of her return date so you don't need to take her back any earlier than that.
What's her plan with her baby?

She needs to give 8 weeks notice to return early from MAT Leave. If the job no longer exists then you'd be looking at making her redundant. I assume she was employed by you rather than being self employed.