Rights to extend maternity leave from 9 months to 12 months without giving 8-week notice?

[MrsSmithers]

Hi, I'm hoping someone can give me advice about extending maternity leave before I talk to my employer. I started maternity leave in May 2010 and said I would be taking 9 months, returning Feb 2011 (and I confirmed this with my manager last week). But my childcare arrangements have fallen through, and I now want to take the full 12 months. I would only be giving 4-weeks notice that I'm not coming back as stated. What is the legal position on this? Having searched legal sites, most talk about employees wanting to come back early, not delay! Thanks.

i'm not 100% sure on this but i thought the notice only applied if you wanted to go back earlier ie. they don't have to let you back until after 8 weeks if they don't want to. I thought the other way round you didn't have to apply the notice, i could of course be completely wrong which is of no use to you but they may explain why the other sites only refer to going back early

The notice applies if you want to change your return date. It refers to usually being about returning because the employer is supposed to assume the employee is taking their full year unless and until they give at least 8 weeks' notice otherwise.

So technically you do need to give 8 weeks' notice however as you can't, it would be unlikely an employers would try and force you back if you can't give longer for good reasons.

Talk to your boss as soon as possible and explain the situation.

Thanks for the replies. I'll be talking to my boss this week and have my fingers crossed that it will be straightforward to delay my return.

Flowery, the bit about employers assuming that employees taking a full year makes sense to me now, because HR had assumed this until I confirmed otherwise last week. Given they took less than 8-weeks notice about my return, they should hopefully be reasonable about it working the other way round (especially when I explain why to my boss).

And again, thanks for the responses!

I asked to go back a couple of weeks after my 52 weeks on grounds of mental health and well being. This has been rejected. Can they do that?

You are entitled to 12 months ml regardless and it should be assumed so unless you state otherwise and give notice of an earlier return. The last 3 months are unpaid though, might they think you were expecting sick pay perhaps . Suggest you start a new thread as this one is very old and title not entirely relevant to your question.