The appropriate to work after maternity depart
What employers can supply to accommodate employees who’ve taken maternity depart and what their vacation entitlement is could be fraught with misunderstanding. This piece units out your obligations as an employer and the way employees 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 12 months (52 weeks) as maternity depart, of which 39 weeks can 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 workers do return after the maternity pay is exhausted, the most effective and most secure guess is all the time to imagine that an worker goes to be away for a full 12 months.
If an worker needs to amend this date, then eight weeks’ discover needs 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 needs 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’t 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 likely be taken both earlier than or after maternity depart to minimise disruption.
One other risk might 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 needs to be mentioned upfront and is greatest accomplished by means of settlement between the employer and worker.
My worker has talked about ‘protecting 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 might be used as a approach of easing the worker again into work, maybe for a coaching day or to attend conferences of a convention. You will need to keep in mind 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 concerning cost.
My worker is returning to work in three weeks. I would really like them to do a unique job
A: If an worker has taken 26 weeks or much less, they’ve the appropriate to return to the identical job and may profit from any improved phrases and situations put in place whereas they had been on maternity depart.
If the worker has taken greater than 26 weeks maternity depart (Further Maternity Go away), they’ve the appropriate to return to the identical job on the identical phrases, except it’s not fairly practicable as a result of important modifications to the organisation. In that case, they’ve the appropriate to return to a different job that’s each appropriate and acceptable. An acceptable job have to be on phrases no much less beneficial than the phrases they loved of their authentic job. For instance, pay, advantages, vacation entitlement and seniority have to be the identical as their authentic 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 masking the total vary of employment relations and employment regulation points for all kinds of personal, public and third sector organisations
Michele helped develop the coaching that Acas gives across the influence 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