The precise to work after maternity depart
What employers can provide to accommodate workers who’ve taken maternity depart and what their vacation entitlement is may be fraught with misunderstanding. This piece units out your obligations as an employer and the way workers want to speak earlier than they begin household life.
When my worker began maternity depart, they mentioned that they might return to work after their maternity pay had run out. They’ve now informed me they’re coming again to work three months later
It’s a day-one proper to take a full yr (52 weeks) as maternity depart, of which 39 weeks could be paid as both maternity profit or maternity allowance, relying on Nationwide Insurance coverage contributions.
To qualify for both of those funds, an worker ought to inform their employer in regards to the being pregnant 15 weeks earlier than the due date. Moreover, the worker ought to affirm the anticipated week of childbirth and the date that they intend to begin their maternity depart. If the worker needs, maternity depart can begin 11 weeks earlier than the anticipated week of childbirth. Alternatively, they might work proper as much as the precise date of start.
When an employer has been informed in regards to the being pregnant, they need to write to the worker inside 28 days to substantiate their return-to-work date and, though many staff do return after the maternity pay is exhausted, the very best and most secure wager is all the time to imagine that an worker goes to be away for a full yr.
If an worker needs to amend this date, then eight weeks’ discover ought to be given – except each events have agreed that much less discover is required.
>See additionally: Women and men bosses each discriminate over maternity depart fears
My worker desires to take annual depart on the finish of maternity depart. Do I’ve to agree?
A: Vacation entitlement continues to accrue whereas maternity depart is being taken. Nonetheless, an worker can not take annual depart concurrently maternity depart.
Ideally, the employer and worker would talk about vacation entitlement as early as attainable, so that every one events have readability. It could be agreed that depart will probably be taken both earlier than or after maternity depart to minimise disruption.
One other risk may very well be that, following a return to work, an worker works on a few of their ordinary working days and takes the remaining as vacation till the accrued entitlement has been used up. This ought to be mentioned upfront and is greatest carried out by means of settlement between the employer and worker.
My worker has talked about ‘maintaining in contact’ days. What are they?
A: An worker can work for as much as 10 days with out bringing maternity depart to an finish, if agreed between the worker and employer. It may very well be used as a means of easing the worker again into work, maybe for a coaching day or to attend conferences of a convention. It is very important do not forget that neither get together can pressure the opposite to make use of this facility and each events ought to agree the small print and guarantee there may be readability relating to cost.
My worker is returning to work in three weeks. I would really like them to do a special job
A: If an worker has taken 26 weeks or much less, they’ve the precise to return to the identical job and may profit from any improved phrases and circumstances put in place whereas they have been on maternity depart.
If the worker has taken greater than 26 weeks maternity depart (Extra Maternity Depart), they’ve the precise to return to the identical job on the identical phrases, except it isn’t moderately practicable as a result of vital modifications to the organisation. In that case, they’ve the precise to return to a different job that’s each appropriate and applicable. An appropriate job should be on phrases no much less beneficial than the phrases they loved of their unique job. For instance, pay, advantages, vacation entitlement and seniority should be the identical as their unique job.
Michele Piertney is a collective conciliator and senior advisor at Acas, the place she has labored throughout a wide range of roles for almost 10 years
She is an skilled coach who has designed and delivered programs protecting the complete vary of employment relations and employment legislation points for all kinds of personal, public and third sector organisations
Michele helped develop the coaching that Acas affords across the impression of the menopause within the office and its on-line recommendation
Michele is a member of the CIPD and ITOL and the Manchester Industrial Relations Society
Statutory maternity pay UK