Your Right to Return to Work

Site updated on July 6, 2017

Every woman who takes maternity leave has some rights to return to work. If you are entitled to ordinary maternity leave you have the right to return to the job which you left. When you return from ordinary leave there is no flexibility for your employer to offer you an alternative position, unless your job has been declared redundant. Ordinary leave lasts for up to 26 weeks and employers are therefore required to retain your job for you. If you have opted for Additional Leave you are still entitled to your old job back, or a suitable alternative. If you have any problems over returning to work call our Advice Line.

It is possible that your job has disappeared, through a genuine redundancy situation. You should be offered suitable alternative employment wherever possible. In fact you are entitled to “preferential treatment” if you are away on maternity leave when your job is redundant.

For more information on this call our Advice Line.

For more on Redundancy, look at the Section  of this guide called “Your Dismissal Rights”

If you are selected for redundancy, it must be clear that your absence on maternity leave and your pregnancy have in no way influenced the decision to make you redundant. Whilst on maternity leave you should still be informed of suitable alternative vacancies that arise with your employer.

Whatever the circumstances, you are entitled to appeal against your selection for Redundancy. If you are not offered the chance to appeal, or if you think that your Maternity has influenced a decision to make your job redundant, call our Advice Line.

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