Can my employer ask me if i will be returning to work while i'm on Mat leave?

[VairpreshusFB]

Today I received a text message from my supervisor asking me if i would like any more hours when i return to work he then goes on to ask whether i will be going back or not?
Background: I have worked for this employer for 12 years, I worked full time prior to having ds1, then returned part time. Since then (6 years ago) i have had a lot of rubbish happen there, mainly to do with a girl they took on to cover my maternity leave. Now it looks as if she will be going on maternity leave around about the time when my 38 weeks paid leave is up, so they need to know whether i will be going back or not, for staffing issues (we are a small business with a complex job that requires extensive training)
I am due back mid September, I was hoping not to have to go back, but wanted to keep my options open just in case i needed to.
Do I have to give them a decision whether i will be going back or not, if so how much notice is required?
I don't want to jeopardize my job prospects by telling them i may possibly leave, can someone in the know please help me?

Your employer should assume you are taking the full 52 weeks unless you tell them otherwise. Notice periods if you don't want to return to work after maternity leave are the same as the normal notice periods for your job. So as long as you give them the notice period required by your contract you don't have to say anything about leaving before then.

link here

To answer the question in the title, yes your employer can ask this (and indeed good ones do, so that returns can be well administered). What they are not allowed to do is harass you; but I don't think one straightforward enquiry (whatever the previous history) would count as such.

I think all you need to is give simple factual answers: in this case that you do not want to return before September, and would prefer to defer discussions about your future working pattern until nearer the time. This does not commit you to return. You will need to tell them at some point though - how long is the normal notice period for resignation? I would count that back from the end of your maternity leave (plus any accrued leave) and tell them then.

Thanks both, very helpful advice cheers. I have sent a text in reply, to say that i don't want any additional hours to the ones i'm contracted for and that i am currently undecided whether i will return to work or not, but i will give adequate notice if i decide not to return.