Accepting new job on mat leave - will they wait til it ends?

[ReallyRatherBlonde]

I'm currently maternity leave, due to return to work at the beginning of November. A new job (which I've been waiting for for about 3 years) has just been advertised with my current employer.

I want to understand where I stand legally if hypothetically I were to apply and be successful, can they insist I cut my maternity leave short if I want to take the job? Has anyone had any experience of a similar situation where they waited for you?

I would be upfront with them about the situation I think. I am technically on 4 week notice but it wouldn't be unreasonable for candidates at that level to have a 3 month notice period.

Ordinarily I may have been willing to go back a bit early but because of covid and lockdown I have literally not taken my baby anywhere, no groups, no social things and it's really getting me down. I'm just clinging to the hope that the back end of summer might be a bit more of a 'normal'ish maternity leave and I would be loathed to loose that. But the job would be great and a huge pay rise. Any advice or experiences would be appreciated!

They can’t insist on anything illegal, but I don’t know what that statutory maternity leave is. It will really depend on whether their business can carry on until November without that role being filled. If I were you I would be prepared to negotiate.

This happened to me and I did have to return early but not within four weeks of being offered the job.

No one can insist on your cutting short your maternity leave, no. The only person who can end your maternity leave sooner than 52 weeks is you.

They should consider your application like anyone else, and not giving you the job because you are on maternity leave would be discrimination.

I think as it's with the same employer it shouldn't be a problem. Talk to them about it though 👍

Do you know the hiring manager? Could you ask them or state you are interested to have a chat about the role?

I had a role open a few years ago and I hired someone on their mat leave - she was known to me and my preferred candidate so happy to be flexible about when the jobs started.

Might be worth finding out more and applying.

I think it will vary depending on the role, if they need someone urgently than it's probably not going to be offered to you but they might be flexible about a start date. I'd be upfront and ask