Going back-to-work after maternity leave
25 January 2016
By Rebecca Reid
My nephew (pictured, as a Christmas reindeer!) was born in May last year. His fabulous mummy, my sister-in-law, is - like every mum - an inspiration: she has lovingly, attentively and patiently raised a wonderful little boy over the last eight months.
Next month, my sister-in-law finishes her maternity leave and, like lots of mums, is anxious about going back to work.
According to a recent study, six in 10 mothers find returning to work from maternity leave challenging, with it taking an average of 3.8 months to readjust. The most common concerns amongst the participants included missing their child, boring childless colleagues with baby talk and accidently arriving at work wearing fingerprints and food stains!
There are also the practicalities of returning to work to contend with: when should I tell my employer I want to come back? Am I able to reduce my hours or change my days? What rights do I have as a parent?
When to tell your employer
If you have taken your full 52 week leave entitlement, you don’t legally need to give any notice you are returning; although practically, it is useful to have had a conversation with your employer before you return. Otherwise, you need to give eight weeks’ notice before you want to return.
Same job, same terms and conditions
If you’ve been off for six months or less, you are entitled to return to the same job on the same terms and conditions after your maternity leave. If you took more than six months maternity leave and you’re not able to return to exactly the same job, then you have the right to return to a similar job on terms and conditions at least as good as your previous role.
Where there has been pay rises or improvements in the terms and conditions for your job that took place whilst you were on maternity leave, you are entitled to the improved pay and conditions.
Your holiday entitlement also continues to accrue during your maternity leave and will carry forward if your maternity spans two holiday years. You can either add your holiday to the end of your maternity leave or, if agreed with your employer, take it during the rest of the holiday year.
Flexible working
You may decide that you want to change your way of working to fit in with your family. This could include reducing your hours, compressing your hours (working the same hours but in fewer days), working from home or job sharing.
Provided you have worked for your employer for at least 26 weeks (including any time you were on maternity leave) you have the right to request flexible working. Check your employer’s policy on flexible working to get details of the process to apply or read the flexible working guide on the .gov website. You don’t have the right to be granted flexible working; but there are only eight reasons why an employer can refuse your request. Bear in mind that the flexible working process can take up to 3 months from you making your request to implement the changes.
Other rights for parents
You are legally entitled to take time off to cope with an emergency, such as if your child falls ill or to deal with unexpected problems with childcare. This is called dependants leave – have a read of your employer’s policy for full details.
In addition, if you’ve worked for your employer for more than a year you have the right to take parental leave to care for your child including looking at new schools, settling children into new childcare arrangements, visiting family or just spending more time with your little one. You can take up to 18 weeks’ unpaid leave per child, up to that child’s eighteenth birthday. You need to give 21 days’ notice and can usually only take up to four weeks per year per child in week blocks.
If you are breastfeeding when you return to work, you should let your employer know in writing. Your employer has an obligation to carry out a risk assessment for breastfeeding mums, provide suitable facilities to rest (toilets are not “suitable facilities”) and to provide adequate rest and meal breaks.
Benefits
Depending on your income, you may be able to claim Tax Credits, which can contribute up to 80% of childcare costs, or a one-off Sure Start Maternity Grant of £500.
Check if your employer is in the childcare vouchers scheme and if they aren’t, you can ask them to sign up to the scheme, which gives working parents tax-free vouchers to use on childcare.
If you’re going back to work soon, or if you want any other advice about your employment rights whilst pregnant, on maternity leave or as a parent, I’m on the forum this week answering your questions.
Rebecca
Rebecca Reid specialises in employment law at Smith Partnership
Rebecca.reid@smithpartnership.co.uk