Can I Return To My Job After Maternity Leave With All My Service Rights?

You generally have the right to return to exactly the same job after your maternity leave. However the right to return is slightly different depending on whether you are returning after Ordinary Maternity Leave (OML) or after Additional Maternity Leave (AML).

• You are entitled to return to your old job if you take just OML of 26 weeks.
• If you return after AML of up to a further 26 weeks, you are entitled to return to your old job, unless that is not reasonably practicable. In that case, you must be offered a similar job - one that is the same kind, in the same place and in the same capacity.
• If your job has been made redundant during your OML or AML, your employer must offer any suitable alternative vacancy on broadly comparable terms.
• You can take up to 4 weeks parental leave immediately after the end of your OML, and return to your old job. If you take more or you if add any parental leave on to AML, and it is not reasonably practicable for you to return to your old job, you must be offered a similar one

If you are sick at the end of Maternity Leave and cannot physically return, you transfer to your company or statutory sick pay scheme. You cannot be dismissed unless a man in similar circumstances would be dismissed e.g. exhaustion of sick leave. Even then, the employer has to follow certain procedures, including consultation; investigation of your current medical condition; transfer to alternative employment.

If your employer refuses to allow you to return because you have taken the OML or AML, this will be an automatically unfair dismissal (see Am I Protected From Dismissal Or Detriment During Maternity?).

Your contract continues in all or some respects depending on whether you are on OML or AML.

• During OML of 26 weeks, all contractual rights except pay continue to accrue as normal e.g. seniority and holidays accrue.
• During AML of up to a further 26 weeks, most of your contractual rights are suspended, except the right to notice, redundancy compensation, disciplinary or grievance procedures, and the duties of trust, confidence and good faith. So seniority, pensions rights pay increments do not accrue. Any scheme reflecting past performance should be paid on a pro rata basis to any work undertaken during the year.
• OML or AML both count as service for gaining employment protection rights including holiday leave under the Working Time Regulations.
• Pension contributions and, therefore, pensionable service in occupational pension schemes continue during both OML and AML, but calculated by reference to your actual maternity pay and not your normal pay. However, in money purchase schemes, only the amount of contribution actually paid will count.

If you want to change your working pattern, on your return from maternity leave e.g. to work part time, you should make a request for flexible working Your employer must seriously consider your request and can only refuse if there are good business grounds for doing so (see Can I Request Flexible Working?)

Complaints about failure to allow you to return to work complaints should be made to an Employment Tribunal, generally within 3 months. Sex Discrimination complaints and complaints under the Part Time Workers Regulations should also be made to an Employment Tribunal, again within 3 months. Before bringing a claim you must use the statutory grievance procedures. If your employer has dismissed you without complying with the statutory dismissal procedure, the dismissal will be automatically unfair