Employee's rights on returning to work
You have the right to return to your same job on the same terms and conditions, unless that’s not practicable. In that case, you have the right to be offered a similar job on terms and conditions at least as good. If this doesn’t happen you can claim unfair dismissal. For guidance, contact the Advisory, Conciliation and Arbitration Service (ACAS) on 08457 474 747 or www.acas.org.uk or see Useful contacts for Northern Ireland. If your job has become redundant, you should be offered a suitable, alternative vacancy. If there is no suitable alternative, you may be entitled to redundancy pay.
You should benefit from any general pay rises or improvements in terms and conditions that apply to your job and occurred while you were on leave. You build up holiday entitlement while on maternity leave in the same way as if you had been at work.
See www.acas.org.uk or Useful contacts for information about rights at work.
Before you go back checklist
[ √ ] Flexible working
If you want this to start as soon as you go back, apply at least 14 weeks in advance.
[ √ ] Keep in touch
Your employer might ask you to come into work during your leave, for example to attend meetings, take part in training, or generally to keep in touch with work. You can be paid for up to 10 of these Keeping In Touch (KIT) days without it affecting your maternity pay.
Your employer doesn’t have to offer you any KIT days and you don’t have to take up any offer. If you don’t work any KIT days, you might still want to meet informally with workmates to catch up on any changes.
[ √ ] Childcare
It may take a while to sort out childcare arrangements, so start thinking about it at least three months before you go back to work. Contact your local Family Information Service for help finding childcare (see Useful contacts) and see Paying for childcare for more information on childcare. Have a trial run to check you are happy with the arrangements.
[ √ ] End of leave
Your employer should have given you a letter stating the date when you are due back at work. If you decide to go back earlier, you must give your employer eight weeks’ notice, but this does not have to be in writing.
Help with childcare costs
Many employers have schemes to help you with the cost of childcare. This could be a workplace nursery, direct payment for eligible childcare or childcare vouchers up to £55* a week or up to £243* a month. Eligible childcare includes a registered childminder, registered playgroup, day nursery or nursery school. For details of the full range of eligible childcare in your area, contact your local Family Information Service (see Useful contacts).
However, you might be able to claim tax credits to cover a large part of your eligible childcare costs. You can’t have both tax credits and employer help for the same costs. In most cases claiming tax credits will be the better option. For more details see Paying for childcare.
Your right to parental leave
If you have completed one year’s service with your employer, you have the right to take unpaid leave to take care of your child under 5 (or 18 if the child has a disability).
In total, you can take up to 13 weeks’ leave for each child (18 weeks if your child has a disability). The leave does not have to be taken in one continuous stretch, but must be taken in week blocks (unless your child has a disability).
Time off in an emergency
You have the right to take unexpected time off to cope with an emergency, such as your child falling ill or your normal childcare arrangement breaking down. Your employer does not have to pay you during this leave.
Flexible working
You have the right to ask for more family-friendly working arrangements. For information about these rights, see www.acas.org.uk (or Useful contacts for Northern Ireland). For detailed guidance, visit the Directgov website (which includes a standard form for requesting flexible working) or booklet ER36 from the Department of Employment and Learning in Northern Ireland.
*Rates shown are for the tax year 6 April 2010 to 5 April 2011.