When an employee is out on maternity leave, it is in both the employer and the employee’s best interests to keep in touch in order to maintain a positive relationship and prepare for the employee’s forthcoming return to work. However, it is important that the employer does not use this contact to pressurise the employee into returning to work early and/or carrying out any tasks whilst they are on maternity leave. As such, under employment law, employers are permitted to contact employees whilst they are on maternity leave, provided that such contact is "reasonable".

It should be noted that there are no legislative parameters for what is/is not considered to be "reasonable" contact, however the appropriate frequency and nature of any contact between an employer and their employee during maternity leave will be dictated by things including:

• the nature of the work and the employee’s role;
• any agreement that the employer and employee had reached prior to the  beginning of the maternity leave; and
• the subject of the communication.

However, there are certain things that employers are legally required to contact employees about whilst they are on maternity leave, such as any:

• reorganisation, or other changes to the company, that affect the employee's job;
• promotion, pay rises or other job opportunities which are due to become available and what she must do to apply; and
• possible or planned redundancies.

Failure to inform an employee on maternity leave of any of the above matters is likely to constitute maternity discrimination, particularly where the employee in question goes on to suffer detriment or is disadvantaged as a result of not being informed. Moreover, whilst employers may ask employees to work voluntarily during their maternity leave, they should avoid making any contact which could be construed as them requiring the employee to work.

Generally speaking, it is a good idea to keep employees who are on maternity leave updated on matters relating to their job which they would be made aware of if they were at work. Furthermore, employers may wish to discuss and agree the extent and nature of contact which will be maintained throughout the employee's maternity leave in order to set boundaries and maintain a positive relationship.