Returning to work

How quickly the time goes and soon enough you may be thinking about returning to work.

Will I have the same job when I go back after ordinary maternity leave?

On resuming work after ordinary maternity leave, you are entitled to return to the same job as you occupied before commencing maternity leave on the same terms and conditions of employment as if you had not been absent.

What about if I return after additional maternity leave?

On resuming work after additional maternity leave, again you are entitled to return to the same job as you occupied before commencing maternity leave on the same terms and conditions of employment as if you had not been absent. However, if it is not reasonably practicable for your employer to allow you to return to the same job, then your employer may offer you suitable alternative work, on terms and conditions that are no less favourable than would have applied if you had not been absent.

What if I decide that I don’t want to return to work after maternity leave?

If you decide not to return to work after maternity leave, you must give notice of resignation as soon as possible and in accordance with the terms of your contract of employment.

I need to change my hours when I return to work, how can I do that?

An employee who worked full-time prior to her maternity leave has no automatic right to return to work on a part-time basis or to make other changes to her working patterns. However, you have a ‘Right to Request Flexible Working’. This is a right to request not an automatic right to have and therefore your employer has a duty to consider your request and give a valid business reason not to.

Who can put in a ‘Request for Flexible Working’?

If you are an employee with parental responsibility for children under the age of 17, or disabled children under the age of 18, then you have the right to request flexible working arrangements. You must have at least 26 weeks continuous service and will be able to request from your employer a change to certain terms and conditions of your employment relating to:

• the hours you are required to work
• the times you are required to work
• your place of work

The purpose of the request must be to enable the employee to care for a child under the age of 17 years, or under 18 years if the child is disabled.

You cannot have made another application to work flexibly under the right during the previous 12 months.

What must my request state?

The request must be in writing and:

• state that it is a request to change terms and conditions of employment
• specify the change applied for and the date on which it is proposed the change should become effective
• explain what effect, if any, the employee thinks making the change applied for would have on their employer and how, in their opinion, any such effect might be dealt with
• give the age of the child

Here is a sample template letter:

(your name)

(your address)

(date)

Dear

I would like to put in a request for flexible working as I have responsibility for bringing up my child.

Upon my return to work on (date on which you will be returning), I would like to change my contract of employment to work on the following basis: (state the hours or flexible working option that you are wishing to apply for, ie alter the days of work, reduce the hours of work).

I believe that the effect of this new working pattern will be (give information about the implications of your new flexible working pattern on your employer and how you think this can be dealt with).

I can confirm that I (state whether you have or have not made an application for flexible working in the past year and if so, on what date).

Yours sincerely


(Your name)


What is Parental leave?

You can take unpaid leave if your child isn’t well or if you need time off for an emergency. You can also take time off if your childcare arrangements breakdown and you don’t have anyone to look after them at short notice. However in this instance your employer is only obliged to give you paid time off to make alternative arrangements, not for you to look after you child yourself.

What is Time off for Dependants leave?

You can take unpaid leave but it has to be in a block of one week. If you take less than a week it will be counted as one week unpaid leave. Parental leave can be taken for a total of 13 weeks during your child's lifetime and can be taken up to your child's fifth birthday.

Further rights are available if your child is disabled.