The podcast discusses tips for a smooth transition back to work after maternity leave, factors delaying return, extending redundancy protection, supporting employees with breastfeeding facilities, and key considerations for employers when welcoming back employees.
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Quick takeaways
Employees have the right to return to the same job after maternity leave or a suitable alternative if returning during additional maternity leave.
Maintaining communication with employees on maternity leave and keeping them updated with opportunities and vacancies is crucial to avoid discrimination claims.
Deep dives
Be clear on when maternity leave ends
Employees get a total of 52 weeks of maternity leave, divided into ordinary maternity leave (first 26 weeks) and additional maternity leave (last 26 weeks). The employee decides how much leave to take, apart from the required two weeks after birth. The employer should confirm the return date within 28 days of receiving the start date. If the employee wants to change the return date, she must give notice to the employer. Employers should be aware of notice provisions and factors that can delay a return date, such as annual leave, parental leave, and sickness absence.
Keep in touch
Maintaining contact with employees during maternity leave is important. Employers should agree on communication methods (e.g., face-to-face, phone, email) before the employee goes on leave. Employers are entitled to make reasonable contact with employees during their leave. It's crucial to keep all employees on maternity leave updated with opportunities and vacancies as not doing so could lead to discrimination claims.
Take care with changes to roles
When an employee returns from maternity leave, they have the right to return to the same job or a suitable alternative if returning during additional maternity leave. Employers must be cautious when making changes that may affect the employee's role. Refusing to allow a maternity returner to work part-time can lead to indirect sex discrimination. If an employee's role is made redundant during maternity leave, they should be offered any suitable alternative vacancy without the need for an application or selection process.
♨️ IMPORTANT INFORMATION: This podcast is published by (c) Employment Law Services Limited. The information in this video is for general guidance only and, although the presenters and publisher believe it was correct at the time it was recorded, the law may have changed since then. You should always seek your own independent legal advice. Any employment law explained applies to England, Scotland and Wales only.