If I Take A Maternity Leave, May My Employer Cut Back On My Hours?

Employees, not just those returning from maternity leave, have the right to request changes to their working hours, place, or other conditions related to their job as long as they meet certain criteria. Maternity leave is a legal entitlement in California, and employers must assist employees in returning to work after maternity leave. All women are entitled to up to 12 months of maternity leave, regardless of how long they have worked for their employer.

At-will employees can quit at any time, including during or immediately after maternity leave. However, there are legal and practical matters that need to be resolved. Employees have extra rights if they are made redundant on maternity leave, such as the right to intermittent or reduced schedule leave. An employer is not permitted to change working hours without the employee’s agreement.

If an employee has been employed by the same employer for at least 26 weeks (including maternity leave), they will have the right to request a change in their working hours. The only way to request flexible working is through a statutory flexible working request. All employees have the right to request flexible working, such as a reduction in hours, and to be treated fairly and without discrimination.

In general, employers are not required to accommodate schedule modifications necessitated by child care obligations. If an employee wishes to change or reduce their working hours on their return to work, they can make a statutory flexible working request. All employees have the right to request flexible working, such as a reduction in hours, and to be treated fairly and without discrimination.

How do I ask for a raise when I return from maternity leave?

The article offers guidance on negotiating a raise or bonus after returning from work, underscoring the significance of recognizing one’s value, assuming additional responsibilities, and monitoring achievements.

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.

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.

Can I change the length of my maternity leave?

Employees must confirm their leave start and end dates in writing within 28 days, with the option to change their return to work date with 8 weeks’ notice. Refusal to maternity leave or change the leave amount is not allowed. Statutory Maternity Pay (SMP) must be given 28 days’ notice, usually the same as the start date of leave. If employees fail to provide notice and a reasonable excuse, SMP can be refused.

Can I restart my maternity leave?

In the event of pregnancy during the period of maternity leave, the employee is permitted to resume work without the necessity of resuming duties. Nevertheless, it is necessary to ascertain whether it is possible to receive maternity pay once more, and to exercise the same rights as were enjoyed during the initial pregnancy. The regulations pertaining to the provision of notice and the commencement of leave remain unchanged, with employers being informed of the intention to take leave 15 weeks prior to the expected date of delivery.

Is it normal to cry when going back to work after maternity leave?

As you return to work after maternity leave, you may experience a range of emotions, including sadness, anxiety, guilt, relief, and financial pressures. However, securing care for your child may complicate matters, and settling into a new routine can take time. You may need to establish new feeding routines, such as expressing milk and getting your infant used to a bottle, or choose to cease breastfeeding during the day.

Additionally, you may need to review your previous work wardrobe, as you likely last wore some of these clothes up to two years ago. These questions and thoughts may be difficult to handle, so speaking to your doctor is an important first step.

Can you end maternity leave early?

In order to return to work at an earlier point in time, it is necessary to provide your employer with a minimum of eight weeks’ notice. Should you fail to do so, your employer may insist on waiting until the aforementioned eight weeks have elapsed. In the event that an employee elects to terminate their employment, they are obliged to provide their employer with the requisite notice period. Should one wish to modify the return date, it is also necessary to provide the requisite notice to the employer.

What happens if you can’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.

How to not feel guilty about going back to work after maternity leave?

Going back to work after maternity leave can be a challenging transition for many women. It’s essential to reach out to your support circle, including your partner, friends, and other working moms, to discuss your feelings, especially if you’re feeling sad, guilty, or overwhelmed. Even in the best circumstances, the transition can be challenging due to logistics like childcare, coordinating schedules with your partner, and planning pumping. The range of emotions you may experience, from anxiety to anticipation to guilt, can be overwhelming.

Despite the overwhelming details and feelings, millions of women have managed the transition, and you can too. Here are some tips to help you get back into the swing of things and feel more supported during this challenging time.

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

Postpartum depression or anxiety can affect US mothers returning to work, making it difficult to cope with leaving their infants in the care of someone else. Dr. Cassidy suggests that this mental health issue is common during the transition back to work for working moms. Couples must navigate changing roles and adapt their expectations, as the postpartum period often leads to gender norms and expectations that are hard to break out of. This can make it difficult for mothers to redistributing labor and coping with the challenges of returning to work.

What happens if you leave after maternity leave?

In the event of one’s decision to terminate employment during or subsequent to maternity leave, the customary resignation process, inclusive of the requisite notice period, must be adhered to. It would be prudent to consider any handover arrangements and utilise your Keeping in Touch (KIT) days for this purpose. In the event that an employer offers enhanced maternity pay, the individual may be required to repay a portion or the entirety of the enhanced amount in the event that they do not resume their position or depart shortly following the conclusion of their maternity leave.