When returning to work after ‘ordinary maternity leave’ (the first 26 weeks of Statutory Maternity Leave), an employee has a right to return to the same job and the same terms and conditions as if the employee had not been on maternity leave.

If the employee takes more than 26 weeks maternity leave, this is called ‘additional maternity leave’. If the employee takes additional maternity leave, she will still have the right to return to her job on the same terms as before she left, however, if this is not possible because there have been significant changes to the organisation, an employer may offer a suitable alternative job.

In this case, the job cannot be on worse terms than before. For example, the following must be the same:

• pay;
• seniority;
• pension rights;
• benefits;
• holiday entitlement; and
• place of work.

As an employer, you must be able to show that it is not reasonably practicable for the employee to return to the previous role i.e. due to redundancy.

This article was provided by Madison Bowyer, an Associate in the Employment Law Group at Arthur Cox NI. 

T:+44 28 9026 5886 
E: Madison.bowyer@arthurcox.com 
https://www.arthurcox.com/