Going back to work after maternity leave can feel like a big step. This guide explains your rights when you return, including your pay, your job, holidays and flexible working.
When to tell your employer about coming back to work
You must give your employer eight weeks’ notice if you want to:
stay on maternity leave longer than you had originally planned
come back to work sooner than planned.
Same job, same terms and conditions
It’s easy to think things will be just the same when you go back, but a lot can change in six months or a year, both at work and in your own life. That’s why it’s important to understand your rights.
If you return during Ordinary Maternity Leave (the first 26 weeks)
You have the right to go back to the exact same job.
If you return after Additional Maternity Leave (after 26 weeks)
You have the right to go back to the exact same job, unless your job no longer exists. In that case, your employer must offer you a similar role with the same pay and conditions.
These rights also apply if you’ve taken Shared Parental Leave, which is available to eligible parents in England, Wales, Scotland and Northern Ireland.
If your old job isn’t practical anymore, for example, if it involved night shifts you can’t do, your employer must offer you a suitable alternative with at least the same terms and conditions.
If your job has been made redundant, your employer should offer you a suitable alternative if one is a You have the right to go back to the exact same job, unless your job no longer exists. In that case, your employer must offer you a similar role with the same pay and conditions.
These rights also apply if you’ve taken Shared Parental Leave, which is available to eligible parents in England, Wales, Scotland and Northern Ireland.
If there isn’t one, you may be entitled to redundancy pay. Find out more in our guide Redundancy pay.
Pay and conditions
Your employer should stay in reasonable contact with you during maternity leave, for example, to let you know about:
job vacancies
changes at work, or
promotion opportunities.
You have the right to receive any pay rises or improvements in terms and conditions for your job that took place while you were on leave.
Acas has detailed guidance on other things to considerOpens in a new window when you return to work after maternity leave.
Holidays
Your holiday entitlement builds up while you’re on maternity leave in the same way it would if you’d been at work.
If you haven’t added it to your maternity leave, you often have the right to take what’s left. Check with your employer first.
Keeping in touch (KIT) days
You can work up to 10 days during maternity leave to stay connected with your employer. These are called ‘keeping in touch’ days. They can help you:
stay updated with work
attend training or work events
support your team
ease back into work gradually.
These are paid days and can only be worked if both you and your employer agree. You and your employer must agree on:
whether to use KIT days
how many to use (up to 10 days only)
what work you’ll do, and
how much you’ll be paid.
Working any part of a day counts as a full KIT day. If you work more than 10 days, your maternity leave and pay will end.
You can also work up to 20 shared parental leave in touch, known as SPLIT days, without ending your shared parental leave or pay.
SPLIT days are like keeping in touch KIT days during maternity leave.
For more details on working during maternity, adoption or shared parental leave, see Maternity ActionOpens in a new window
Flexible working
You might consider asking for flexible working to improve your work-life balance.
This includes:
- job sharing
- home working
- staggered hours
- part-time working.
Be aware that you only have the right to ask for flexible working – not the right to have it.
If your employer agrees, it usually takes around 14 weeks from your request for flexible working to put in place the new arrangement.
Find out more about flexible workingOpens in a new window on GOV.UK
Parental leave
Did you know?
Parental leave isn’t the same as your right to take unpaid time off to cope with an emergency. You can take unpaid leave for an emergency – for example, if your child becomes ill, regardless of how long you’ve been with your employer.
Have you worked for your employer for more than one year? Then you have the right to take up to 18 weeks’ unpaid parental leave for each child – up to their 18th birthday in most cases.
You might take parental leave to:
- look at new schools
- spend more time with your child
- spend more time with visiting family
- settle your child into a new childcare setting.
Parental leave doesn’t have to be taken in one continuous stretch – but must be taken in week-long blocks, unless your child has a disability.
The most each parent can take each year is four weeks for each child, unless your employer has agreed otherwise.
Find out more about unpaid parental leaveOpens in a new window on GOV.UK
What to do if you think your employer isn’t being fair
If you don’t think your employer is treating you fairly or recognising your rights when you go back to work, there are some things you can do.
- Find out if what’s happening is discrimination. Read more about discrimination on Citizens AdviceOpens in a new window If you live in Northern Ireland, contact the ECNI for adviceOpens in a new window
- Talk to your employer – perhaps the HR department. You might be able to resolve the issue informally. If you’re not sure where to start, try speaking to your trade union or employee representative if you have one. Acas might be able to help – find out more on AcasOpens in a new window
- If you’re not able to resolve the issue, you can make a written complaint.
These websites can offer you more help and advice:
If you decide not to return to work
If you choose not to go back to work after maternity leave, you’ll need to follow the usual process for resigning from a job. Your contract will say how much notice you need to give. If it doesn’t, you must give at least one week’s notice.
It’s a good idea to think about any handover that might be needed. You can use your keeping in touch (KIT) days to help with this.
If your employer gave you enhanced maternity pay, you might have to pay some or all of it back if you don’t return or leave soon after. This should be explained in your contract.
