Thackray Williams

If you return to work after ordinary maternity leave (the first 26 weeks of maternity leave) you have the right to return to the same job on the same terms and conditions as if you haven’t been absent.

If you return to work after additional maternity leave (the period after the first 26 weeks of maternity leave) you should return to the same job on the same terms and conditions unless it is not reasonably practicable for you to go back to your original job (for example, because the job no longer exists). If it is not reasonably practicable for you to return to your old job you must be offered alternative work with terms and conditions as if you hadn’t been absent.

So in theory, you will just turn up at the end of your maternity leave and return to either your old job, or an alternative job.  But what about your new responsibilities and the baby’s needs?

If you are breastfeeding, inform your employer who is then required to carry out a risk assessment taking this factor into account.  They must remove or reduce risks and provide suitable rest facilities for you (not the toilets!).  Employers are encouraged to provide somewhere for you to store your expressed milk although this is not a legal requirement.

You may want to take parental leave after your maternity leave subject to you qualifying. You can take up to four weeks’ parental leave at the end of your maternity leave without affecting your right to return to your old job.  If you take more than four weeks and it is not reasonably practicable to return to your old job you must be offered alternative work that is suitable to you and with terms and conditions as if you hadn’t been absent.

You can make an application to your employer for flexible working and this can encompass: part-time working; flexible hours; compressed hours; job sharing or working from home.  Your employer has a duty to consider your request, but can refuse it if there is a good business reason to do so.  Before you make your request it is worth considering what grounds your employer can reject the request and see if you can pre-empt any negative thoughts your employer may have.

What do you do if you experience problems?  In theory, you should discuss with your employer and try to reach a resolution.  You are also directed to seeking assistance from: your trade union; an employee representative; Acas or the Citizens Advice Bureau. 

The reality is that if you and your employer cannot agree and reach a deadlock, you may need some advice about your legal position and your rights.  You can ultimately bring a claim in the Employment Tribunal, but many new mothers are stressed enough about returning to work and are just too overwhelmed to think about legal action.  You can raise a grievance; however, this may just alienate your employer even more and lead to you being labeled ‘trouble’.  If your employer is unreasonable what do you want to do?  Do you want to return to an environment that you are familiar with and to work with colleagues whom you know?  Or do you think that a fresh start will be better for you?  A solicitor or adviser cannot tell you what to do or wave a magic wand, but you can take advice as to what your options are and how strong your position is and this may help you to decide what to do.

Whilst you have many legal rights as a new mother, you cannot ‘force’ your employer to behave reasonably or to treat you properly (even to treat you how they did before you went on maternity leave).  You can enforce your rights against your employer, but this is a different scenario from your employer accepting and allowing you to exercise your rights.

For more information about employment law and your maternity leave contact Emma Thompson at Thackray Williams Solicitors on 020 8290 0440 or email emma.thompson@thackraywilliams.com.