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Should I return to work after maternity leave?

Should I return to work after Maternity Leave?

In one way, this is an entirely personal decision based on what you think is best for you and your child. 

However, most people will find it impossible to decide without considering the impact on their finances.

Deciding not to return to work

If you choose not to return:

  • you will not have to repay any Statutory Maternity Pay

  • you may have to repay any contractual maternity pay you had – please check your contract

  • you will not be able to count any AML(Additional Maternity Leave) towards pensionable service for an occupational pension (unless your contract allows you to do so)

  • you must provide the notice that you are obliged to under your contract as you are leaving the job

  • you must get paid the statutory holiday accrued up to the date of leaving.

If you said you are returning to work but change your mind, you need to provide the notice specified in the contract. That is especially important if you plan to return to the workforce in the future and need a reference. 

If your notice period is longer than 13 weeks and it has now gone past the time to do so – then speak to your employer and explain your predicament – it would be helpful when seeking a reference.

Right to return to the same job:

After maternity leave, you should be able to return to your old job. This is an absolute right if you've been away for 26 weeks or less but qualified if away for longer, meaning that the employer should offer you the same role or something different but on no worse terms. If you don't trust the explanation you are given, you will need advice about what to do next.

You may be in a position to make a complaint to an Employment Tribunal. 

Changing your working pattern

You may realise that not returning to work will mean it won't be possible to make ends meet. You could consider returning to work part-time, to job-share or work different hours. Only decide this after considering your full package of benefits and income in each scenario. Sites have calculators you can use to help you work this out. 

In any event, if you decide to return, you may need to rejig how you manage your time and work throughout the week. There may be different shifts or opportunities to work certain days from home, and a good employer should be creative and approachable in making these arrangements work. If you go back to work part-time other terms should not be changed without your agreement. If your request for a more flexible working pattern is rejected or your terms of employment are changed, you may be able to take action. 

Here are our tips to help you with your return to work:

1. You could ask for a phased return

 For example, you could ask to use your annual leave to work a shorter week for the first month or reduce your hours temporarily.

2. You could agree on a back-to-work plan with a handover

 This can be helpful while you get back up to speed. It should be flexible enough for you to agree to changes in pace or responsibilities with your line manager as you readjust to the workplace. 

 3. Plan regular reviews with your line manager

 A regular update is useful to discuss what is working well and raise issues. It also helps to show your employer that you're adding value.

 4. Try to agree to a date for a one-to-one meeting

 A good time for this will be about two months after your return to work. Use this meeting to agree on short-term objectives. 

If you need to take more time off

Your employer should assume you are taking the full 52 weeks to leave. If you want to return to work earlier, you must give at least eight weeks' notice to return to work early. For example, some women return to work when their maternity pay ends after 39 weeks.

If you are not well enough to return to work at the end of your maternity leave, you are entitled to take sick leave in the usual way. That means you should notify your employer, providing any sick notes required.

If your employer fails to offer you flexibility

To recap, if you've asked for more flexibility and are refused or told this can't be done and your instincts tell you otherwise, then you should take advice – as it may be possible to make a complaint to an Employment Tribunal. 

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