Can My Employer Reorganize My Position Following Maternity Leave?

When returning from maternity leave, you may be able to make a flexible working request. It is against the law for your employer to make you redundant just because you have been on maternity leave or have requested flexible working to care for your child. If you have been terminated while on maternity leave or upon returning to work after maternity leave, you should contact a law firm immediately to see if there is a potential case.

You have the right to request flexible working if you have worked for your employer for at least six months. According to the EEOC, any women returning from maternity leave must be treated the same as other workers allowed leave for a temporary disability. Transitioning back to work after parental leave can be challenging, but it is essential to ensure a smooth transition.

Under federal law, employers can change your job after maternity leave, but it needs to be to a job with the same pay and benefits. You are entitled to return to the same job after maternity leave if you have been away 26 weeks or less, with pay and conditions being the same or better. However, your employer must not move you to a different job because they prefer the person they have employed to cover your maternity leave.

In Ontario, the Employment Standards Act, 2000 (ESA) and the Human Rights Code (HRC) generally do not allow employers to alter job duties after pregnancy or parental leave return. You are entitled to your usual job, not the adjusted job. For example, Karen worked four full days a week before taking 12 months of unpaid parental leave.

What happens if I don t go back to my job after maternity leave?

If you decide not to return to your job, your contract will specify the amount of notice you need to give your employer. If there is no contract, give at least a week’s notice. Ensure you receive paid for any holiday you have left, including the time spent on maternity leave. Check if you need to pay back any maternity pay, as contractual maternity pay may only be kept if you return to work. Statutory maternity pay or Maternity Allowance won’t be required if you don’t return to work.

What is classed as maternity discrimination?

Pregnancy and maternity discrimination refers to the unfair treatment of individuals due to pregnancy or being pregnant. It can also occur within six months of giving birth or breastfeeding. To take legal action against such discrimination, individuals must check if the Equality Act 2010 covers the situation. This law prevents businesses and service providers from discriminating against individuals, including those who are pregnant or were pregnant.

How do I manage my work after maternity leave?

The article provides seven tips to help individuals return to work after maternity leave:

1. Use KIT days, have regular catch-ups with your line manager, set objectives, be gentle with yourself, build a support network, set clear boundaries, and be present in the moment.

2. Be gentle with yourself, build a support network, and be present in the moment.

By following these tips, individuals can navigate their return to work with confidence and mental health.

How long after maternity leave can I resign?

If you don’t want to return to work, consider timing your resignation and notice period with the end of your leave period. For example, if you have a 4 week notice period, you can give notice 4 weeks before the end of maternity or shared parental leave. You may still be entitled to Statutory Maternity Pay (SMP) if you are employed in the 15th week before the baby’s due week. If your job ends before this week, you won’t be entitled to SMP, but you may be entitled to Maternity Allowance. If you resign during maternity leave and during the 39-week pay period, you can be paid any remaining SMP or Maternity Allowance.

Can you go on the sick straight after maternity leave?

If you are going to return to work after 52 weeks of maternity leave, you do not need to give any notice of return. You can go back to work on the day you are due back and are entitled to your normal pay. You can take annual leave or sick leave if needed. If you want to return before the end of your maternity leave, you must give your employer at least 8 weeks’ notice of the date you will be returning. If you do not give this notice and just turn up at work before the end of your maternity leave, your employer can send you away for up to 8 weeks or until the end of your leave, whichever is earlier.

If your employer did not write back to you within 28 days of the date you gave notice to take your maternity leave stating the date that your 52 week maternity leave will end, they cannot insist on you giving 8 weeks’ notice to return to work early. You should still give as much notice as possible to help you and your employer plan your return to work.

If you decide not to return to work, you can get SMP and MA for 39 weeks even if you do not plan to go back to work or if your employment ends during the SMP/MA period, such as if you are made redundancy. You do not have to pay SMP or MA back if you decide not to return to work. If your employer has given you extra contractual maternity pay, you only have to repay it if that was agreed in advance or specifically stated in your maternity policy.

If you do not want to return to work and need to repay your occupational maternity pay, you can ask to repay any company maternity pay in reasonable instalments, taking account of your household income and outgoings. You may find it helpful to speak to a debt adviser who can help you negotiate with your employer and agree a reasonable repayment plan.

If you are unable to return to work after your maternity leave, you can take sick leave as usual. However, once you are well enough to return to work, you cannot stay off work after your maternity leave has ended, as you will lose your right to return to work if you do not go back at the end of your 52 weeks’ leave.

Ask your employer if you can take annual leave immediately after your maternity leave, which is entitled to at least 28 days paid annual leave. Your normal holiday entitlement continues to accrue during maternity leave, so you may have some holiday owing to you. Annual leave should be agreed with your employer in the normal way and you should not be treated less favorably because you have been away on annual leave.

If you returned to work early and have not used up all your maternity leave/pay but now wish to take some more leave, you could give notice to take shared parental leave. Shared parental leave can be taken by either parent but must be taken within the first year after your baby’s birth. You may be eligible for Universal Credit if you take a period of unpaid leave, depending on your household income, housing costs, and number of dependants.

You are also entitled to urgent unpaid leave to care for a dependant in an emergency. The leave can be used if a dependant falls ill, gives birth, is injured, or there is a sudden problem with arrangements for the dependant (e. g., if your childminder falls ill). You are only entitled to take the time off necessary to deal with the emergency and to make arrangements for the care of the dependant.

If you have been on maternity leave and sick leave for a long time, you may have accrued a large amount of leave. You can take annual leave during sick leave, so you could ask to receive some paid holiday during your sick leave. You are entitled to carry forward 20 days annual leave if you cannot take it because of sick leave.

You cannot take annual leave during maternity leave, but you can end your maternity leave early, giving at least 8 weeks’ notice to end your maternity leave early and agreeing your annual leave with your employer in the usual way. It is a good idea to talk to your employer early in your pregnancy to agree when you will be taking your annual leave so that you can both plan in advance.

The government advises that employers should allow up to 28 days of statutory leave for employees who cannot take all their annual leave in the leave year due to absence on maternity leave, shared parental leave, or other types of parental leave. If your employer offers more than the statutory minimum of 28 days annual leave, it is up to your employer how much of your contractual annual leave (over and above the statutory 28 days) you can carry forward.

If you are not well enough to return to work at the end of maternity leave, you are entitled to receive sick pay if you are not well enough to return to work. You should follow your employer’s normal sickness reporting procedures at the end of maternity leave. Statutory Sick Pay (SSP) is paid after four consecutive days of sickness absence to employees who have earnings of at least £123 per week (April 2024 – April 2025) in the previous 8 weeks.

You are not entitled to SSP for any period of sickness that began during the 39 week SMP period (or 18 weeks if you were not entitled to SMP). If your period of sickness begins after the end of the 39 or 18 week SMP period, you may qualify for SSP if your earnings were high enough. If you claim SSP after the end of your 39 week Statutory Maternity Pay period, SMP counts as earnings. Maternity Allowance does not count as earnings.

If you do not qualify for SSP, your employer should give you form SSP1. If you do not qualify for SSP, you should get advice from your local Jobcentre Plus or Citizens’ Advice Bureau.

Once your maternity leave has ended, you are treated as if you are “back at work”, even if you are not well enough to actually go into work. You are entitled to take sick leave and should be treated in the same way as any other employee who is off sick.

You are protected against pregnancy/maternity discrimination throughout pregnancy until the end of your maternity leave period (up to 52 weeks or until you return to work, if earlier). For pregnancy/maternity discrimination, you need to show that you were treated unfavorably because of your pregnancy, pregnancy-related illness, or absence on maternity leave. You can also claim pregnancy/maternity discrimination where a decision was taken during your protected period even where it was implemented after the end of your maternity leave.

What happens if I don t want to return to work after maternity leave?

If you decide not to return to your job, your contract will specify the amount of notice you need to give your employer. If there is no contract, give at least a week’s notice. Ensure you receive paid for any holiday you have left, including the time spent on maternity leave. Check if you need to pay back any maternity pay, as contractual maternity pay may only be kept if you return to work. Statutory maternity pay or Maternity Allowance won’t be required if you don’t return to work.

Why is it so hard to go back to work after maternity leave?

Postpartum depression or anxiety, frequently unidentified, can impede mothers in the United States from leaving their infants in the care of another individual, thereby hindering their ability to resume work.

How to tell your boss you aren’t coming back after maternity leave?

It is recommended that a formal resignation letter be sent to the Human Resources department, that a telephone call be made to the manager in question, and that an offer be made to meet in person to discuss the details of the transition.

What happens if I don’t go back to work after maternity leave?

If you decide not to return to your job, your contract will specify the amount of notice you need to give your employer. If there is no contract, give at least a week’s notice. Ensure you receive paid for any holiday you have left, including the time spent on maternity leave. Check if you need to pay back any maternity pay, as contractual maternity pay may only be kept if you return to work. Statutory maternity pay or Maternity Allowance won’t be required if you don’t return to work.

What are signs you should stop working while pregnant?

Pregnant women may experience signs of needing to stop working, such as high blood pressure, cervical insufficiency, or intrauterine growth restriction. Other factors include a baby’s growth issues, preeclampsia risk, and a history of stillbirth, preterm birth, or late miscarriage. When preparing for maternity leave, factors such as medical needs, financial situation, and personal preferences can influence the decision.

What are my maternity rights?

In accordance with the pertinent legislation, an employee is entitled to a minimum of 52 weeks of maternity leave, commencing on the first day of employment. It is mandatory for employees to take a minimum of two weeks of leave following the birth of their child. The specific number of weeks to be taken is at the discretion of the employee. The same amount of leave and remuneration are provided regardless of the number of infants born, including twins. In the event that maternity leave is taken, remuneration may be provided.