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What is the name of the legislation . . .?

2 replies

Angelwoes · 11/05/2014 15:30

Hi,

Can someone tell me what the name of Act or legislation is that entitles a person to return to their job or those with no less favourable conditions after maternity leave? Is it the Equality Act 2010?

Thanks!

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nannynick · 11/05/2014 15:54

I think it is
The Parental Leave (EU Directive) Regulations 2013 plus legislation that amends.

The principle legislation I think is The Maternity and Parental Leave etc. Regulations 1999

This bit may be the thing you are looking for:
18(3) An employee who takes parental leave for a period of four weeks or less immediately after additional maternity leave is entitled to return from leave to the job in which she was employed before her absence unless—
(a)it would not have been reasonably practicable for her to return to that job if she had returned at the end of her additional maternity leave period, and
(b)it is not reasonably practicable for the employer to permit her to return to that job at the end of her period of parental leave;
otherwise, she is entitled to return to another job which is both suitable for her and appropriate for her to do in the circumstances.

That is to do with Parental Leave, so it may not be precisely what you are seeking. Equality Act 2010 does contain some things about maternity rights.

Maternity Action are possibly worth a call. They have some info about right to return to work after additional maternity leave here (pdf).

Angelwoes · 11/05/2014 17:31

Thank you, this is just the information I needed!

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