Returning to work at the end of maternity leave
This article provides information on your rights and protections when you return to work after maternity leave. If you are not being given your old job back because your job is redundant, see our page on redundancy while pregnant, or on maternity, adoption or shared parental leave.
This article covers the following topics:
- When does maternity leave end?
- Giving notice of return to work
- Changing the date you want to return
- Right to return to your old job
- What to do if you are not given your old job
- What to do if you want to return to work part time or on flexible hours
- Frequently asked questions
When does maternity leave end?
When you give your employer notice of your intention to take maternity leave, your employer should write back to you to confirm your maternity leave start and end dates. Your employer will assume that you will take your full entitlement (i.e. 52 weeks) unless you tell them otherwise.
It is a good idea to agree with your employer the start and end dates of your maternity leave, and to keep in touch with them during your maternity leave to discuss any changes, including if you would like to return early. This will help your employer to prepare and make plans for your return, especially if they have organised maternity cover.
Giving notice of return to work
You do not need to give notice to your employer of your return to work if you are taking your full maternity leave (i.e 52 weeks) or are returning on the end date agreed with your employer. You can simply go to work on the day that you are due back, although ideally your employer should reach out to have a conversation with you about your return to work towards the end of your maternity leave.
You do, however, need to give notice if you want to change the date of your return to work.
Changing the date you want to return to work
If you change your mind and want to return to work earlier or later than the agreed date for the end of your maternity leave, you must give your employer at least eight weeks’ notice before the date you intend to return or the date you are due to return, whichever is earliest. There is no requirement for notice to be given in writing, but this is preferable for record keeping purposes.
You do not have to give eight weeks notice of any change to your return date if your employer did not notify or confirm with you of the end date your maternity leave.
If you decide not to return to work at all, you must give your employer notice in accordance with your contract of employment.
Can my employer delay my return to work?
Ordinarily, no. You have a right to return to work on the end date you have chosen, or any change to that date as long as you have given your employer the required notice.
Your employer is only able to delay your return if you return to work without having given the required notice. If this occurs, your employer is entitled to delay your return for up to 8 weeks. However, your employer cannot postpone your return beyond the end date of your maternity leave. Your employer also cannot delay your return if it did not notify or confirm with you of the end date your maternity leave.
If your employer postpones your return date and you return to work anyway, you may not be entitled to be paid.
Right to return to your old job
Your right to return to your job depends on how much maternity leave you have taken.
Ordinary Maternity Leave (OML)
If you go back to work after OML, which is the first 26 weeks of maternity leave, you have the right to return to the same job you had before your maternity leave. Your terms and conditions of employment must be the same or no less favourable than they would have been had you not gone on maternity leave.
Additional Maternity Leave (AML)
If you go back to work after taking AML, which is the second 26 weeks of maternity leave, you have the right to return to the same job you had before maternity leave on the same terms and conditions, unless this is “not reasonably practicable”.
If it is not reasonably practicable for you to return to the same job, your employer must offer you a suitable alternative job for your experience and skillset and on terms and conditions that are no less favourable.
Consecutive periods of family leave
Your rights to return to your job may be different if you take consecutive periods of statutory family leave.
You have the right to return to the same job on the same terms and conditions if you return to work after:
- Parental Leave of four weeks or less
- OML plus Parental Leave of four weeks or less, taken either before or after the OML
- OML combined with a period of Shared Parental Leave where the total leave taken is 26 weeks or less
You have the right to return to the same job on the same terms and conditions, unless it is not reasonably practicable if you have taken:
- AML combined with a period of Shared Parental Leave where the total leave taken is more than 26 weeks
- Parental Leave of four weeks or more
- OML plus Parental Leave of four weeks or more
- AML followed immediately by OML (in respect of another baby) or Parental Leave (of any length)
The same rights apply for Ordinary and Additional Adoption Leave as for Ordinary and Additional Maternity leave.
Note: If you return to work, even for a short period, your leave will not be treated as consecutive. You are also counted as back at work if you use more than 10 KIT days or 20 SPLIT days during maternity leave, or take a period of annual leave or sick leave at the end of your maternity leave.
When is it not reasonably practical to have your old job back?
It is very unusual for it to be “not reasonably practicable” to give you your job back unless your job is redundant. There are additional protections that apply and we have detailed guidance on redundancy during pregnancy and during or after maternity leave here.
Employers can reorganise the workplace from time to time. If a reorganisation has resulted in only minor changes to your work, it may still be considered the same job.
If your job has changed significantly or is less favourable in terms of salary, status, job security, location or hours, you may have a claim for detrimental treatment, unfair dismissal and/or sex or maternity discrimination.
What is a suitable alternative role?
A job will be a suitable alternative if it is appropriate for you based on your experience, skillset and the circumstances. The terms and conditions of any alternative job must not be substantially less favourable than your existing job. This includes your salary, status, job security, location or hours. If, for example, you are offered a job at a different location which would increase your travel time and costs and require additional childcare, it might not be considered a suitable alternative.
What to do if you are not given your old job
If you are not allowed to return to work after maternity leave or you are not given your old job back, or offered a suitable alternative job, you may have a claim for automatic unfair dismissal and sex or maternity discrimination. If this happens to you, you should seek further advice straight away.
If you are happy with the change, you can accept the role offered to you. Otherwise, you can also consider taking the following steps:
- Raise the issue with your employer: You should tell your employer that you are unhappy with the job you are being offered, and that you have a right to return to a suitable alternative job. You can explain to your employer why you feel the alternative job is not suitable, and what conditions would make it suitable. If informal conversations do not resolve the issue, you can raise a grievance using your employer’s grievance policy.
- Accept the position and return to work under protest: You can return to work while you are still negotiating with your employer, but you should make it clear that you are working under protest. We have a template Letter of Protest that you can use.
- Accept the position, and consider claiming unfair dismissal and sex discrimination: This option may be appropriate if you believe that your old job still exists and/or was given to your maternity cover, or if your old job was made redundant and you are being offered an unsuitable alternative. If you succeed in a claim you could be entitled to compensation for ongoing loss of earnings (the difference in pay between your old job and the new one) and an award for injury to feelings. If you are considering this option, you should seek advice. The first step would be to raise a grievance with your employer regarding your dismissal from your old job. See our page on claims and time limits.
- Decline the alternative job, resign from employment and claim constructive dismissal and sex discrimination: You can resign and claim constructive unfair dismissal and sex or maternity discrimination on the basis that your employer has refused to give you your old job on your return from maternity leave. If you succeed in your claim, you will be entitled to your notice (or a payment in lieu of notice) and a statutory redundancy pay (as long as you have 2 or more years’ service with your employer and your job no longer exists or is no longer needed). You could also receive compensation for injury to feelings and for loss of earnings following your resignation. However, constructive dismissal cases are difficult to win because you need to show that your employer’s actions were in breach of your employment contract and left you with no choice but to resign. It is not enough to show that your employer behaved unreasonably. You should seek advice before you take this step.
Note: If you are considering bringing a claim in the Employment Tribunal, you must begin the process to bring an Employment Tribunal claim within 3 months of the date of dismissal from your old job. If you are considering this option, you should raise a grievance with your employer regarding your dismissal from your old job. You should seek advice before you submit a claim.
What to do if you want to return to work part-time or on flexible hours
Many new mothers want to return to work on a part-time or flexible basis, and many employers are happy to negotiate flexible terms with their employees. However, sometimes employers ask women returning to work from maternity leave to accept lower paid or lower status jobs in exchange for flexibility. If this happens to you, you do not have to accept a lower paid or lower status job if you do not want to, you are entitled to return to your former role.
One option is to make a statutory flexible working request. Your flexible working request could, for example, be to reduce your hours to work part time, to change your start and finish time or to do the same hours of work over fewer days. If an employer unreasonably turns you down your flexible working request, then you may have a claim. We have detailed information on how to make a request and what to do if your employer turns it down in our flexible working section. See our page on how do I ask to change my working hours?.
A flexible working request can take up to two months to process, so ask as early as you can. However, keep in mind that any changes will be permanent – so consider what is best for you before you ask. There is more information about negotiating flexible working in our flexible working section.
Frequently asked questions
I’ve been refused my old job because of a reorganisation
Employers can reorganise the workplace from time to time. If a reorganisation has resulted in minor changes to your work, it may still be considered the same job.
If your job has changed significantly or is less favourable in terms of salary, status, job security, location or hours, you may have a claim for detrimental treatment, unfair dismissal and/or sex or maternity discrimination. If your old job is made redundant or you are at risk of redundancy, see our page on redundancy while pregnant, or on maternity, adoption or shared parental leave.
I’m being offered an alternative role that is lower in status and has less responsibilities
A job will be suitable if the terms and conditions are not substantially less favourable than your existing job. This includes your salary, status, job security, location and hours. Whether the job being offered is suitable will very much depend on the circumstances.
If you are being offered an alternative role that is not suitable because it is lower in status and responsibilities, you may have a claim for detrimental treatment, unfair dismissal and/or sex or maternity discrimination. You should seek advice and take the steps outlined above.
I want to return flexibly or part-time, but my employer has refused
From 6 April 2024, employees have a legal right to make a statutory request for flexible working from day one of employment (removing the previous requirement to have 26 weeks service before making a statutory flexible working request). If you have not already made a formal request for flexible working, then you should do so. [See our pages on flexible working for more information]
Unfortunately, there is no right to return to work on a flexible or part-time basis after maternity leave and your employer may have legitimate business reasons or justification for turning down your request. You may have a claim against your employer if they have not properly dealt with your flexible working request. You may also have a claim for indirect sex or maternity discrimination. See our pages on flexible working.
You may have a number of potential claims against your employer. We recommend you seek advice before resigning from employment if you are unable to return to work because of your need for flexibility because of your caring responsibilities in circumstances where your employer has refused your flexible working request.
My employer agreed to my part-time working request, but has changed or removed some of my responsibilities
If you agree with your employer to return to work part-time, but your employer removes or reassigns your responsibilities (e.g., line management), you may have a claim under the Part-Time Workers Regulations. See here for more information. This claim would be brought on the basis that you have been subjected to a detriment and the reason for the removal or reassignment of your responsibilities is because of the change to your employment from full-time to part-time.
The key question will be whether the difference in status is `justified’. Your employer may be able to justify any less favourable treatment if it can show that the difference in treatment aims to achieve a legitimate aim and, broadly speaking, that it is an appropriate means of achieving that aim. For instance, if your employer can show that there are genuine business reasons why the other employees need a manager present on a full-time basis and changing their manager to someone who is full-time is an appropriate way of achieving this, then your claim is unlikely to succeed. However, there is a good chance your employer will be unable to show that a complete change in manager is a proportionate way of achieving its aims.
If you have not already appealed the outcome of your request to work part-time, then you should do so, asking your employer to reconsider this aspect of the change.
I returned to work, and my employer has told me that my old job is redundant
See our article on redundancy while pregnant, or on maternity, adoption or shared parental leave.
This advice applies in England, Wales and Scotland. If you live in another part of the UK, the law may differ. If you are in Northern Ireland you can visit the Labour Relations Agency or call their helpline Workplace Information Service on 03300 555 300.
Our helpline and online contact form is now closed as we wind down our operations. Our free legal advice pages remain available and up to date until further notice. You can find a list of trusted organisations that may be able to help you below.
| Organisation and link to website | Area of Advice | Telephone |
|---|---|---|
| Employment Rights | ||
| ACAS | Acas gives employees and employers free, impartial advice on workplace rights, rules and best practice. We also offer training and help to resolve disputes. | 0300 123 1100 |
| Citizens Advice (England & Wales) | Citizens Advice is a charity which provides free, confidential, and independent advice on employment, legal, financial, housing, and consumer problems | 0808 223 1133 |
| Citizens Advice (Scotland) | Citizens Advice is a charity which provides free, confidential, and independent advice on employment, legal, financial, housing, and consumer problems | 0800 028 1456 |
| Maternity Action | Maternity and Parental Rights at Work and Benefits for Families & NHS charges for maternity care | 0808 801 0488 |
| Pregnant Then Screwed | HR Advice Line – for questions on employment rights, flexible working, parental leave or workplace discrimination | 0300 222 5799 |
| Equality Advisory and Support Service (EASS) | The helpline advises and assists individuals on issues relating to equality and human rights, across England, Scotland and Wales. | 0808 800 0082 |
| Trade Union | If you are a union member, contact your union for support. If not, you may wish to join, but check whether support is available for existing issues. | |
| Health and Safety Executive (HSE) | Guidance on workplace health and safety rights and accepts reports of serious workplace health and safety concerns. | |
| Advicenow | Provides free legal information, guides, self-help tools and training to help people deal with legal issues and understand their rights. | |
| Protect | Provides advice and support to people raising concerns about whistleblowing | 020 3117 2520 |
| Zero Hours Justice | Offers information and support on the rights of workers on zero-hours and insecure contracts | 01904 900 151 |
| Legal Advice and Representation | ||
| Law Centres Network | Law Centres work within their communities to defend the legal rights of local people. You can use their website to find your local Law Centre. | |
| LawWorks | The LawWorks Clinics Network provides free initial advice to individuals on various areas of law including employment law, social welfare law, housing matters, consumer disputes, debt and welfare rights. | |
| Advocate | Advocate is a charity that finds free legal assistance from volunteer barristers | |
| South West London Law Centres | Provides free, independent legal advice to people who cannot afford a lawyer, including advice on employment, housing, debt, immigration issues. | 020 8767 2777 |
| Employment Tribunal Litigants in Person Support Scheme (ELIPS) | ELIPS provides pro bono assistance to unrepresented litigants. It currently covers London Central, Cardiff, Bristol, Midlands (West), Newcastle, Leeds and Manchester Employment Tribunals. | |
| Legal Aid Check your eligibility for Legal Aid online | Legal Aid funding is only available for employment cases involving discrimination. | |
| YESS Law | Employment law advice and support, including settlement agreements. Yess Law do not represent clients in Employment Tribunal Proceedings | 020 3701 7530 |
| The Free Representation Unit (FRU) | The Free Representation Unit (FRU) is a charity that provides legal advice, case preparation and advocacy in employment & social security tribunal cases if you have a hearing date at a tribunal in London and the South East and your case is referred by a referral agency | |
| Employment Tribunal Customer Contact Centre | Provides information about the Employment Tribunal process but does not offer legal advice. | 0300 123 1024 |
| Appoint a solicitor The Law Society provides information on finding a solicitor. | If you are able to afford to do this, you can instruct a solicitor who is an expert in maternity and family friendly rights. A good solicitor will give you honest advice about the strengths and weaknesses of your case, the likely costs and s/he should try to resolve your case as soon as possible and so keep the costs you have to pay to a minimum. | |
| Disability Law Service | Provide free legal advice on community care, employment, housing, discrimination, public law and welfare benefits to disabled people and their carers | 0207 791 9800 |
| Child Law Advice | Provided by Coram Children’s Legal Centre, advice for Litigants in person | |
| Rights of Women | Women’s voluntary organisation committed to informing, educating and empowering women concerning their legal rights | 020 7251 6577 |
| Benefits and Financial Support | ||
| Citizens Advice (England & Wales) | Citizens Advice is a charity which provides free, confidential, and independent advice on employment, legal, financial, housing, and consumer problems | 0808 223 1133 |
| Citizens Advice (Scotland) | Citizens Advice is a charity which provides free, confidential, and independent advice on employment, legal, financial, housing, and consumer problems | 0800 028 1456 |
| Advice Local | Your local guide to help with employment and work issues, benefits, money, housing problems and more | |
| Age UK | Provide free, confidential advice, practical support, and companionship | 0800 678 1602 |
| Carer’s UK | Provide advice on benefits, rights, and emotional and peer support. | 0808 808 7777 |
| Scope | Offers information, advice and support for disabled people and their families, including guidance on benefits, work and independent living. | 0808 800 3333 |
| NRPF Network | Provides guidance and resources on no recourse to public funds (NRPF) and support options for people affected by immigration-related benefit restrictions. | 0800 169 0283 |
| Maternity Allowance helpline (DWP) | Maternity Allowance is a government benefit for pregnant women or new mothers who do not qualify for Statutory Maternity Pay (SMP) from their employer. | |
| HMRC Statutory Payment Dispute Team | Resolves disputes about entitlement to statutory payments, including maternity, paternity, adoption, shared parental, parental bereavement and neonatal care pay. | |
| Pregnancy, Maternity and Baby Support | ||
| Maternity Action | Maternity and Parental Rights at Work and Benefits for Families & NHS charges for maternity care | 0808 801 0488 |
| Tommy’s | Provide advice and support to parents-to-be, expectant parents, and families who have experienced baby loss | 0800 0147 800 |
| Bliss | Support and information for families of premature and sick babies, including emotional support, neonatal care guidance | |
| Twins Trust | Offers support, information and peer support for families with twins, triplets and multiple births | 0800 138 0509 |
| Sands | Sands works to support anyone affected by the death of a baby | 0808 164 3332 |
| Best Start in Life | Advice and support for your child’s development | |
| Mental Health and Wellbeing | ||
| Mind | Mind empower individuals experiencing mental health problems through advice and support | 0300 102 1234 |
| Maternal Mental Health Alliance | Charity and network of 160 organisations, dedicated to ensuring women and birthing people affected by perinatal mental health problems have access to high-quality, compassionate care | |
| Pandas | Pandas offer hope, empathy and support for every parent, carer or network affected by Perinatal Mental Illness | |
| Samaritans | Provide emotional support to anyone in distress, struggling to cope, or at risk of suicide | 116 123 |
| Domestic Abuse | ||
| Women’s Aid | Offers support, information and signposting for women and children experiencing domestic abuse | |
| Support for single parent families | ||
| Gingerbread | Offers advice and information support for single parents on work, benefits, finances and family issues. | |
| One Parent Families Scotland | Provides advice and support to single parents in Scotland including benefits, money and health and wellbeing. | 0808 801 0323 |
| Disability | ||
| Contact | For families with disabled children | 0808 808 3555 |
| Carer’s support | ||
| Carer’s UK | Provide advice on benefits, rights, and emotional and peer support. | 0808 808 7777 |
| Childcare | ||
| Childcare Service Helpline | Contact HMRC if you need help applying for Tax-Free Childcare, applying for free childcare if you’re working or using your online childcare account. | 0300 123 4097 |
| Best Start | Provide information on all available childcare support | |
| Coram – Family Information Service | Provide a tool to search for contact details for your local Family Information Service who can provide advice and support on childcare in your area |
The information on the law contained on this site is provided free of charge and does not, and is not intended to, amount to legal advice to any person on a specific case or matter. If you are not a solicitor, you are advised to obtain specific legal advice about your case or matter and not to rely solely on this information. Law and guidance is changing regularly in this area.
We cannot provide advice on employment rights in Northern Ireland as the law is different. You can visit the Labour Relations Agency or call their helpline Workplace Information Service on 03300 555 300.