Baby > Your life > Maternity rights > Returning to work after maternity leave

Returning to work after maternity leave

Advice on your rights as an employee if you are returning to work after ordinary or additional maternity leave.
Returning to work

You do not need to give notice of your return if you are going back to work at the end of maternity leave. You simply go to work on the day that you are due back:
  • If you are entitled to OML you will be due back to work on the day after the end of the 26 week period.
  • If you are entitled to AML you will be due back to work on the day after the end of the 52 week period.
If you want to return to work 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 until the end of your leave.

Note: if you are entitled to AML but only wish to take OML you must give 8 weeks notice of your return as you are in fact returning early.

The law does not allow you to work for two weeks after childbirth and this period is known as Compulsory Maternity Leave. You will not be allowed to return to work during this time.

When you go back to work

When you go back to work after OML you have the right to return to exactly the same job. When you go back to work after AML you also have the right to return to exactly the same job, but if your employer can show that it is not reasonably practicable for you to return to the same job, for example, because the job no longer exists, you have the right to be offered a suitable alternative job on very similar terms and conditions.

Working for a small firm

If you work for a firm that employs five people or less, you still have the right to AML. As from the 1st April 2007 your employer is obliged to allow you to return into their employment after maternity leave.

Taking additional time off

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 OML or AML (if you are entitled to it).
  • ask your employer if you can take annual leave immediately after your maternity leave. Note that paid holiday continues to accrue during maternity leave so you may have some holiday owing to you.
  • ask your employer if they will agree to a further period off work. You should ask your employer to confirm this agreement in writing and to confirm that you will have the right to return to the same job.
  • take some Parental Leave at the end of your maternity leave. Note that you must give 21 days notice to take parental leave and it is usually unpaid unless your employer offers paid parental leave.
  • if you cannot return because you are ill you can take sick leave as long as you follow your employer's sickness procedures.
Pregnant again

If your maternity leave ends soon and you are pregnant again you still have rights. Maternity leave does not break your continuity of employment, so your right to maternity leave for the new baby will be based on your total service with your employer. You may also qualify for SMP as long as you meet the normal conditions.

However, this will mean you will have to be receiving £77 per week or more from your employer in approximately weeks 18-26 of your pregnancy when SMP entitlement is calculated.

If you have already taken OML and AML (a year off) you will be entitled to a second period of OML and AML. However, if you go straight onto another period of OML without physically returning to work and decide to return to work after the second period of OML you will not have the right to return to exactly the same job as you normally would at the end of OML. However, you will have the same rights as you would have had at the end of AML, which is the right to return to the same job or if that is not reasonably practicable, a suitable alternative job on similar terms and conditions.

If you return to work after the end of your first period of AML and before the start of your second period of OML even if you only return for one day your rights are not affected and you would have the right to return to exactly the same job after OML.

Not returning to work

If you do not want to go back to work you should resign in the normal way, giving the notice required by your contract or the notice period that is normally given in your workplace. If you do not have a contract or nothing has been said you should give a week's notice.

Note: You do NOT have to repay any of the SMP you received.

Changing you mind about returning to work

Many women find it impossible to know before the birth how they will feel afterwards, so it is always a good idea to say you are coming back in order to keep your options open. If you decide later not to return you can resign from your job in the normal way. Your notice period can run at the same time as your maternity leave.

Returning part time

You have the right to ask for part-time or flexible hours and your employer has a duty to seriously consider your request. Your employer must have a good business reason for refusing. You may be able to rely on sex discrimination law if your request is refused and you do not think your employer has a good business reason for the refusal.

Since April 2003 the right to request flexible work involves a clear procedure, which both you and your employer must follow. You should make a written application and your employer must then arrange a meeting with you to discuss it within 28 days, unless your request is agreed at the outset.

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My niece has just returned to work, however she has been sent to a different branch of her store which is further away from her home, she has also had her salary reduced quite considerably without any notice, this is because she was a key holder at the old store. Can her company do this?
by tiggi 20th Jun 2013, 3:18pm
I'm starting to think about my return to work but am not sure where i stand if I dont want to go back to the company that I worked for. If I apply for other positions with other companys and if by any chance I get the position how do i let my current employer know, has anyone been in this position?? Or can anyone shed any light?
by Jodawe 7th Sep 2011, 10:20am
I returned to work after taking 52 weeks and thought I had discussed returning initially on part time hours to help get back into the swing of things with the intention of retuning eventually full time. During my mat leave they took on the temp full time to do my job. They offered me part time hours with a letter stating they would review after a couple of months to see how working out - so again thought there was a chance to regain full time hours. However, they are now saying there is no longer a head count for me and no longer hours left to return full time. They have re drafted my jd and have stated on it that it is a part time job. When I completed the application for part time working, I did specify on it that I had intentions to return full time. I feel this is all rather unfair and a bid to get me to leave. Does anybody know if this is all legal?
by TiredBunny 27th Jun 2011, 10:43am
I'm going back to work this month, but my only problem is my boss wants me to go back to the position i was doing before I had my baby, and I'm unable to do that, my family is going to watch my daughter, so my hours have changed, I'm now only able to work nights. My question is what can I do if they can't/ won't accommodate my needs ?
by catherined 14th Apr 2011, 10:12am
I am a manager due to return to work shortly. The contract I worked on is ending on the 31.3.11 and I was put on notice of redundancy as the new contracts have not been awarded and the company didn't know if they would win the new one. I was given the option of taking voluntary redundancy which I took as there was no suitable secondment position for me which would have bridged the gap between the end of the old contract and the awarding of the new one, I was told my role was redundant. I was not given a process for vol redundancy, however HR dept, once id confirmed I wanted Vol redundancy said they'd get written details out to me and I was lead to believe all was going ahead, i never received them. I have now been verbally contacted by HR to say my "application" for vol redundancy has not been allowed and I will have to go back to my original position which now doesn't all of a sudden seem to be redundant. I have very little of the conversations in writing but feel that they know I want out and are trying to force me into resigning thus saving themselves a redundancy payout. Any advice on what to do would be greatly appreciated many thanks xx
by speckle 11th Apr 2011, 9:44am
Hi I returned back to work in feb 2011 and i have now decided that i don't want to be here they don't treat me the way they should I'm having troubles with my line manager and cant go to the big boss because she is good friends with my line manager, what I want to know is we have a policy that if you go on maternity leave when you come back you have to work 3 months before you can leave I just wondered if I could put in my months notice in that 3 months. Don't think I can cope with working here much longer and I'm missing my baby so much.
by gracesmummy2010 11th Apr 2011, 9:43am
Hi I'm returning to work as a senior manager in a well known retail outlet.After maternity leave. I'm intending to go back full time. Therefore need full time child care.All child care in my area operate monday-friday. Most do 7.30am-6.30pm.
My husband intends to drop our son off in the mornings and I intend to pick up in evenings.
Here is the problem, My trading hours are 830am till 7pm.7 days a week. As a Senior manager I am expected to be available for trading hours. That does not mean I have to do open to close. But to be available to cover sickness, holidays etc. Which I understand.
I am intending to apply for flexible working hours, which my employer have to consider.That does not mean they have to accept. What do you think my chances are? And do I have any rights as a mother?
by saz2 11th Feb 2011, 5:30pm
hi I'm heading back to work next month after my maternity I've two babies under the age of two and I have found a babysitter that can look after them Tuesday Thursday and Friday 9-3 and my mother in law is going to look after them on a Wednesday 11-5 which these were my old hours in work I also worked a Monday but no longer can work a Monday so I told my employer these hours but because my husband works in the store to he has a set contract of 9-6 Tuesday to Saturday and they are going to change his hours which he doesn't want as he has worked around these hours to suit his life to make me work a late night of 4-10 can they do this. if we do this he has to take my kids out of there beds to collect me
by yella12 17th Jan 2011, 3:18pm
hi I am currently on maternity leave i hoped to take the full year off, my 9months maternity ends in may therefore I am due back in august.I have now found out that I am 12weeks pregnant again and want to know if i am entitled to maternity pay again and if I need to return to work earlier than my full year off in order to get my additional maternity pay. please help?
by aleena4810 5th Jan 2011, 9:12am
I am returning to work soon, before the end of my aml, i work as a care worker full time and i ask to my manager if i could finish my work at 6am as my husband starts his at 7,I need to be home early as there is no one to look after him, Do i have the right to ask for flexible working hours?
by nazu28 31st Dec 2010, 5:26pm
hi. i need to know if i can claim for bank holidays after i finish my maternity leave? or it depends on each employer? thanx
by mitchie 7th Dec 2010, 8:43am
I am due back to work after a year maternity and wish to take my accrued holiday,I use to work full time(35 hrs)but I am going back just part time(21 hrs),how much holiday am i entitled to?As a part time employee or as a full time employee?
by balela 26th Nov 2010, 5:07pm
I am due to return to work in January and have asked for part time hours (I was previously full time). Regarding my salary-it has been mentioned that my rate needs to be reconsidered as I am working less hours. Are they able to do this? I was expecting my salary to stay the same just obvioulsy being paid for the hours I am working.
by Sharoni 15th Nov 2010, 8:52am
I have gone back to work after my maternity leave has finished on the 04/09/10 and have just found out that im pregnant again. Am I still entitled to SMP again from my employer?
by clareoo1 10th Nov 2010, 4:37pm
Im due to go back to work in March 2011 after having 9 months off for maternity, I am contracted to do 25hours a week and my company have always said that it is flexible hours that need to be worked (I don't have set days) When i return to work me being a first time mum and my partner working shift hours for his job I really need to work out with my manager set days and hours per week is this possible to do so and if not what can I do? I dont mind doing less hours per wk maybe 20 as i do have to live and pay bills, I would also like to know weather my employer has the right to dismiss me.
by VickyG83 9th Nov 2010, 5:10pm
I live in Virginia and I'm afraid my boss wont let me return to work when I go on maternity leave. It's a small business that employees about ten people but by the time I go on leave I would of worked there for over a year. What are my rights? How long can I go on leave? Is it right that they are cutting my hours now that I am pregnant because they are? Can I file for unemployment if they don't let me come back? Please help.
by AliciaTrainum 8th Nov 2010, 11:23am
Hi. I am due back to work in November. I was working 35.5 hrs p/w. I want to go back 16hrs a week, And my work have said no and gave me 13hrs. What can I do? And if I do only go back 13hrs would I get any benefits or help? Please help.
by 20xlozx07 25th Oct 2010, 10:40am
my maternity leave ended and I returned to work. Ive been back to work for three days and they said they can no longer accommodate the hours that I'm able to work and said the only hours they can give me are when I cannot work because my boyfriend works those hours or it would be while he's sleeping. My baby is my first she's only three months old I refuse to put her in childcare and the is no one to watch her but us. I have no idea what to do or what I'm entitled to. And I need the job to help pay our bills
by kalicat 25th Oct 2010, 10:38am
I'm returning to work part time, three days per week. Because of nursery times (8am-6pm) I can't possibly get to work for 9 and will have to leave before 5. My work are ok with this but won't allow me to take less than an hours lunch break so this means that my hours are further reduced as are my wages! I'm quite prepared to reduce my lunch hour. Are my employers correct or can I challenge them on this decision? Many thanks.
by Pixie10 20th Oct 2010, 10:14am
i wanted to ask the same questions as Sunshine01 [Tue 18th May 2010 @ 17:20:46) which was if i return to work part time how will my hols work out? i previously worked 3 days a week and am reducing to 2 days, during my 9 months maternity are my hols calculated on a 3 day basis and the remaining 3 months calculated on a 2 day basis? what are my rights with this?
by kayaugustus 23rd Sep 2010, 8:53am
hi iam due back to my job as a head housekeeper but i can only do 2 set days a week and not full time anymore i have asked my employer and they have said i have to have a meeting .

Will they be allowed to offer me another role with less pay and not my old job back. just wanted to know my rights before i go in there thanks
by hotladyxxxx 6th Sep 2010, 10:16am
hi i am due to go back to work in october from materity i have asked for part time which has been turned down and only can return to work full time can anyone tell me if this is allowed there are already people working part time can they say yes to one and no to the other
by debbie80 19th Aug 2010, 4:57pm
hi i left work to go materity leave on 1/8/09 and due to return on 1/8/10 i went back in may to start again but realised had a new boss he didnt no anything bout meand i had to give 8 weeks notice so said fair enough went on income support for 8 weeks. i went to my works 2days ago and new managers again and never heard off me either and said i need it in writing for me going back to work you cant just walk in on the day and say hi here to work so i writ them a letter went in there today and they said i had to give 8 weeks notice before returning and because i didnt have my basic food and hygiene and basic trainning i cant come back yet i said done my basic trainning and heath and saftey they said cant find any of my files at all so help i want to go back to work asap its not my fault nobody told them about
by giggyaunt 12th Aug 2010, 10:52am
I wish to return to work on a part time basis but have been told that this is inappropriate for my position but the company is happy for me to take on a different role on a lower pay scale. Do they have to pay me on my old scale and if so for how long or have they the right to reduce my scale?
by tractorboy 12th Aug 2010, 10:39am
It's been almost three months sence I had my baby, I want to go back to work but my manager said he can give my job back because they replace me! What can i do? I need help!!!
by luisa77 12th Aug 2010, 10:28am
Hi.I have a nine month old maternity leave finishes in September.I would like to take one year unpaid break in my job.if I will get pregnant again am I entitled to SMP and how does it work?is it my employer who pays me again if I am still employed with him? what kind of paper should they give me that I am still employed with them?
by maria12 12th Aug 2010, 10:16am
i have 2 children aged 6 and 4 months. i work as a assistant manager in retail, i have ask if i can drop down to superviser as i cant rely on my parents anymore as my mothers illness as got worse, i was told there is a job but someone else is intrested in the job so i wil have to have a interview for the job and they can only offer me 12 hours, but i need 16 to be able to get working tax im willing to work monday to friday from 9.30 till 2.30 as i will put my youngest in nursery at the same time as my oldest is at school i have not put this forward to them yet as i dont know my rites im stuck please can you help me
by louisekyletyler 12th Aug 2010, 10:08am
I'd like to know if after requesting to return part time instead of full time , can my hourly rate be dropped, I think I have a strong case for arguing that my position can be done part time on the hours I will request, but can they effectively demote me for doing fewer hours?
by clanger 12th Aug 2010, 9:40am
I have 2 children aged 2 and half and 1. I returned too work in feb as deputy manager in retail on full hours doing 3 days and using hols for the other 2 days. My childcare would take the girls for 3 days and family the other. I requested flexable working which was turned down as i requested four days with 2 of them set for the childcare, they said no to any set days. within 2 weeks of the meeting my days changed again, 3 times i have changed the days with the childminder and now they are full and cannot do anymore than 2 days, i have been told to change my childminder for the needs of the business.can u help.
by coxi 11th Jun 2010, 5:39pm
I have been working for the same place for 7 years and have had two children their.Before i left I was working set days as I had to work out childcare. but they were not wrote down in my contract I am supposed to return in sept after having my baby and have asked for set days again.We have a new manager and a bigger shop but it is still open 9.30 till 6.30 but they tell me set days is no longer possible and have to go on a rota which we will get every 2 weeks letting us know when we r in for two weeks only.Can they do this .where can i go to find out for sure.
by HAYLEY001 11th Jun 2010, 5:37pm
I am due to return back to work on the 31st of may. I went in today for a meeting to ask if i could go back part time as i am a single mum i asked before i left for maternity leave and he said it wasnt a problem but how he is saying he need a full time people to work in the warehouse so i am not willing to go back full time he said he would have to make me redundent can he do that. can anyone give me some advise thanks
by lisa170686 21st May 2010, 4:09pm
I am an HR MGR and I came back from Maternity Leave and my temp was still here. The mgt reports to her and forgot about me and my role. All the roles I have had here she took over. I just fought for a little bit of role to still process payroll. But they are working and doing my work behind close doors. I have requested to be included in all since I am back and I am still the HR Mgr. but no response. She is now working from home and took my books that I have ordered for the office I call them my Law books. I've requested for them and the copy of my office key. She even took part in an interview/selection process for a new hire. Help
by libay 21st May 2010, 3:58pm
My daughter has had a baby which will require a lot of care for the first few years of life due to having a windpipe problem. This means she will not be able to return to work after the maternity leave period has finished. The question is will she have to repay any of the maternity payments back she has received? any advice please and information sites to look at are welcome. Many thanks.
by sa747sp 18th May 2010, 5:39pm
please help, i am returning to work in july after 39 weeks maternity leave. i was headhouse keeper/supervisor, my boss asked if i was returning to the same post ie five days a week, 0630am starts, these starting times were too early, i said i would of liked to go back three days a week, total of 24 hours, a meeting took place, there was no mention of me returning to my previous position, i was asked to do other duties which is fine, but my hourly rate will be dropped, is this allowed?
by bighev 18th May 2010, 5:36pm
What happens to my holidays that I will have accrued as a full time employee if I decide to go back to work part time? If i went back to work full time I am due to have 25 days to use by January 2011. I'm a bit confused whether or not they would class me as a part time worker for the full year so would my 25 days go pro rota
by Sunshine01 18th May 2010, 5:20pm
hi i have just returned back to work after being on maternity leave, i also returned back 19 pregnant again, now my employee are telling me that i am not entitled to smp again as i have not earn enough money is this correct? my employment time with the company is 11yrs, i work 20 hours a wk and earn over £77, they said i will b entitle to sma from the job center instead of smp from them selves could you please give me some more information on this , than you xx
by sarahweb11 18th May 2010, 4:46pm
im 22 weeks pregnant and im getting ready to find out about maternity leave.
Still not sure if i will be returning to work. Does this mean i will have to pay back the maternity pay if i decide not to go back?
by megbee 18th May 2010, 4:37pm
I am due to return to work in April after having 9 months off. Is 9 months still classed as OML? How much can my employer change my role? I recieved information of a meeting and think they are restructuring. How will this affect my role? Rather worried that they are going to change it that much that it will be impossible to return. I am a mobile Business Secretary and with 2 children now I am unsure I will be able to drop off and pick them up in time limits of Nursery and School. Any one with some advise please. Thanks
by KVC 14th May 2010, 5:09pm
i am due to go back to work on the 22nd witch is 5 days from now. i phoned them 4 weeks ago to remind them and they said that was fine but i had to go for a return to work interview, witch im still waiting on. i have been phoneing they every 2nd day to see whats going on and they cant tell me anything! when they askd what i could work i said the same as what i was doing before i left and they told me everything as changed and i need to work weekends. i cant do weekends as my partner works full time and hes away all weekend. so i dont know what to do??!! i thot i would go back to the same hours i was doing but they are telling me i cant! now i dont know if i can even go back! plaese some1 help me??
by stephanieshearer1987 14th May 2010, 5:08pm
I have requested that I return to work over 3 days, my employers have told me I can do two or 5 days. I cant afford to only do 2 days and don't want to leave Lola for 5. I would do 4 days. Should I go back and request 4 days. If they say no to this what can I do?????

by plj1 14th May 2010, 4:57pm
I am shortly returning to work after 7 months maternity leave. I requested compressed hours (full time over 4 days) and my employee has rejected this and suggested a 28 hour working week over 4 days and doing a lesser position. I am going to go ahead with the appeal process but would like to hear from others who have been in a similar position and to know what the outcome was.
by loobylouross 14th May 2010, 4:56pm
Hello I am Julia i am pregnant of 29 weeks and i would like to ask if I am qualify for SMP my baby due May 20, 2010 and i had being employed in this company full time on October 20, 2009 i was 10 weeks pregnant when i start working for them? i ll take my maternity leave on the 20 of april make a total of 26 weeks working witout taking any holliday. thank you.
Kind regards
by yoletza 14th May 2010, 4:52pm
i am currently due back to work at the end of the month after having my 4 child... my work are no longer giving me my 3 full days as that is cheaper for child care for me as 2 of my older children are at school. they have give me 1-6 2-6 but that not going to work with me as i have 2 pick the kids up from school and nursey i feel as if am beening pushed out... as 1 of my work friends that works in the same place she hands in weekly what her hubby can do and they work it around that but cant do anything for me ???? .
by dstew 14th May 2010, 4:45pm
my baby is now 7 months old and i have recently gone back to work as i could not afford to take my full 12 months off, i have asked my employer to accomodate my shift requests but they heve flat out ignored me which if i do the shifts given means i will not see my baby for 3 days a week for the next month, i have only just found this site, does anyone have any advice???
by flynnsmum 14th May 2010, 4:28pm
i took mat leave of the 9 months plus the extra unpaid three to take me up to one year off work, I worked 16 hours over Tues, Wed, Thurs and Friday morning. I requested an additonal unpaid six months leave (due to older child starting school this Sept 10, and being one unable to afford easily two child care, and also as it turns out I am very much still breastfeeding my son now 9 months old).

My employer declined extension to leave, which i expected, but has told me I nam to come back to work on my same 16 hours, but work mon - thurs. Can they demand I change my days without consulting and discussing this with me? As I have no nursery for my four year old on a monday, as when i orginally found her child care i worked it around my part time job and the tues- friday work days....

please help shed some light on this for me? as mat leave up on march 22!

FOR GOOD INFO on return to work info, or direct gov website and type in maternity leave
by pocu 14th May 2010, 4:25pm
I am currently in a situation that I dont know what to do so I need your help please!!!!!! Long story cut short I was due to visit my work which they knew about and got a phone call asking me not to as the others were not getting on and didn't think I should add to it!!!! I didn't quite believe it and spoke to my colleagues they knew nothing about it! I confronted my boss about it and another few things that had been said and she said "at the moment i was technically not a part of the team so had no rights to be there and let others get on with their jobs"" I was really upset and when i found out that they hadn't contacted another colleague who was of at same time with a baby not to come in i was really upset and angry! I am currently still waiting on any contact from my work as this happened two months ago an no contact has been made!
If i was not to return to work do i need to pay back any maternity leave as i do not want to return to somewhere where i am clearly not welcome as there is other issues that are to long winded to explain!

thank you,xx
by dazzlefairy 8th Feb 2010, 9:25am
I'm due to go on maternity leave shortly,At present i work full time ,on returning to work i will be entering into part time.
But my employer says i must work full time for three months when i first return due to me having nine months off ,Is this right? and if so would it be different if i only took six months off? If anyone could advise i`d be very grateful.
by thulula 18th Jan 2010, 2:41pm
I returned to work after 7 months off maternity and I have been facing one issues after the other. One month to when I was suppose to resume, I requested to come back P/T or work flexible but this was was rejected by my boss. Then she told me I need to give another 8 weeks notice again (which I had already done) before I can return so this delayed me returning. Since I have been back, there has been one issue after the other - a poor yealy appraisal 2 weeks after returning (when most of the year I was away on maternity), and now she wants to take away part of my job that makes me senior and replace it with basic admin processing jobs. What should I do??Help!! I am going crazy! Do I have bases for constructive dismissal?
by mongolia 3rd Dec 2009, 9:31am
Hello, I have just had a baby now 10months. I have spoken to my employer about reterning to work to the chef job i used to have but asked to have flexiable hours as mu son goes to nursery. My emploer said i couldnt do that so has changed my job discription to a lower position a kitchen porter. I do want to return to a chef but i feel iv been discriminated for having a child. I do work for a large company. Please Please Please could someone help. Thanks
by rebeccalouise91 16th Nov 2009, 9:59am
Ive gone back to work last monday, the company I worked for was taken over when I was on maternity leave, im a manager of a coffee shop and The new company I work for, well more so my new boss expects me to do 10 hr a day, Im contracted for 35 hrs per week. Im worried that if I dont he will get upset with me, he already has had me in tears in the way he talks to me, he is very rude and seems to get anger very quickley not just with me with everyone, not sure what to do, i came back tork 6 weeks early to help out and im scared, please give me some advice,
by ZoeS33 12th Oct 2009, 10:06am
hi, ive been on maternity leave for 10months and going back to work now. i was a supervisor when i left and now my manger is telling me i cant go back to work as a supervisor because i can only work part only going back part time because i have to look after my daughter. he wants to drop my pay and be a general assistant. can anyone help me can they do that or is it against the law?
by claire00 6th Oct 2009, 12:07pm
HIya I am currently coming to the end of my maternity leave from a well known supermarket in jan. I have asked to return part time(16hrs) when previously worked 35hrs but my manager is saying not in so many words that i cant return part time to my previous role. I can only return if i take the same hours etc as b4 i left.I can transfer on to another dept but in january they may not hav the hours for me. And if this is the case they cant offer me anything?Please can anyone advice me on where i stand with this. Im feeling pressurised to goin back b4 xmas so i can guarantee having a job in jan.x
by jenfranklin1983 6th Oct 2009, 12:07pm
Hi iv'e recently went back to work after 6 months. Should I still receive my SMP for the 39 wks on top of my part time weekly wage?
by adelski30 25th Sep 2009, 11:05am
hi, im due back to work after taking a years maternity leave, i have spoke to my boss about returning. im due back in two weeks and would like to do 16 hours., my job originally was 43 hours. i have asked to come back and do 16 hours but all my boss will offer me do is 8 hours. someone else has taken my place at work and i feel very pushed out. do i have any rights and where do i stand on the matter? thanks.
by kayleighb 18th Sep 2009, 11:06am
Hi, just reading some questions below and it doesn't seem i'm the only one with returning to work problems after having my baby.My problem is very simalar to Ellis2. My employer excepted me back on a part time basis but he has now given me a new contract stating 3 months probation period & No sick leave pay. What will happen if i don't sign the contract. I am also a little worried because he seems to be making my work life very difficult i feel he has some one else now in mind for my job. where do i stand??
by lifebliss 14th Jul 2009, 5:56pm
Hello, I am a mother of two. one 5 years and the other 11 mmonths. I left work for maternity leave on a Friday and was induced the next day as planned. I returned to work at nights and weekends just 5 weeks after having my daughter. I made a vebal agreement with my boss that I would return to full time after my oldest started Pre K and I had a place in the daycare for the baby. In Dec I was still waiting for a spot for my daughter in daycare and so was working the part time hours. The company layed off 5 people due to lack of work and told me that their was no more work for me to do at the times I had been working(nights andweekends). I waited 6 weeks before filing an unemployment claim. Today, after two appeals submited by my former employer, I was told I had to pay back all the unemployment I have received. has anyone had this problem or one close to it?Is it lawful for the unemployment office to reject the fact that their was no work for me? I know this is the South and every State has a differant law but federal?
by Packs 5th May 2009, 12:16pm
hi i am currently on maternity leave i opted to take the full year off, my 9months maternity ends in may therefore i am due back in august.I have now found out that i am 13weeks pregnant again and want to know if i am entitled to maternity pay again and if i need to return to work earlier than my full year off in order to get my additional maternity pay. please help?
by ejd 9th Apr 2009, 9:26am
Hello everyone
Yesterday I came back after maternity. I asked my boss to give me part time but he refused. He said he only had a full time for me and that he had to send away somebody alse to have me back. In fact he did not fired anyone, only cut others hours, he gave me 25 hours only makeing everything so I quit cause I have nobody to mind my doughter and I am still brestfeeding. Can I do anything about that? Where can I turn to get help?
by Kamilka 9th Mar 2009, 9:27am

My employer agreed that I can return to work on a part time basis after Maternity Leave on a new contract. They just sent me my new contract saying this will be on a 3 month probationary basis only and they will review this in 3 months time. Does this mean they can make me redundant in 3 months time and not take into account that I work for them for 4 years full time previously. Basically could they get away with not paying me redundancy if I sign this new contract?
by Ellis2 26th Feb 2009, 9:27am

My employer agreed that I can return to work on a part time basis after Maternity Leave. They just sent me a new contract saying this will be on a six month temporary trial basis only and they will review this in six months time again. Does this mean they can make me redundant in six months time and not take into account that I work for them for 9 years full time previously. Basically could they get away with not paying me redundancy if I sign this new 6 month contract?
by ARL 20th Feb 2009, 9:13am
Hi, I am due to go back to work next month and I have been told that if I go back to work the day I am due to and do not have any sickness for 12 weeks I will get all the money back I missed out on in my wadges while on maternity pay, is this true?
by whitey2 17th Feb 2009, 9:43am
I am due to return to work in March after finishing my maternity leave after the birth of my son, my employer is making things very difficult for me returning after trying his hardest to make life difficult during me pregnancy! I am the longest serving employee in the company alongside my boss who I always got along very well with up to the point that I told him that I was pregnant, which he didn't seem to like at all and wasn't afraid to say so without thinking first of what he was saying!!! Now that I am due to go back to work he want's me to take on a different job to that I had before, I was a Senior Manager but since I started Maternity leave he has promoted someone else to this position in my shop and now wants me to be floating around the rest of the shops and covering people's day's off, it's the same wages as he knows that he can't decrease this but after working so long in this business and running my own shop for so long it's not really the same position, I'll have to work under people that I have trained in!! This probably sounds very childish and I know that given the position that Ireland is in at the moment with no jobs out there, I should be really grateful that I still have a job, and I am but I was wondering if anyone out there knows if my boss is allowed to this or am I entitled to have the same job that I left six months ago? Can anyone give my advice on this please????
by Dandy 17th Feb 2009, 9:43am
i have been back to work, in a small business for just over a year and a half now, parttime well four days a week, and i am still having problems with having my days off ie digs about not working certain days.. when i cut down my hours it was only really giving up one day a week and continuing to work the others and taking off the days i normally took off..i dont get bank holidays off or a day in loe of this i wonder can they do this to me
by flint 30th Jan 2009, 9:01am
I am wishing to return to my job in Feb but dont have childcare for 1 day of the week, I have pointed this out to my employer and requested flexible working and it has been rejected and they cannot find me another job due to the current climate. Is this a legal reason and arent companies supposed to be family orientated? Lots of mothers in our office work part time/home work and I feel I am being treated unfairly.
Can anyone help with any legal advice?
by LUND 23rd Jan 2009, 8:49am
Hi there, i am under enormous pressure from my Senior about what my role will be when i return from maternity leave, and what will i have to offer my employer when i return from maternity leave. I find these comments extremely rude, he has also been bullying me in statements that my work ethic is 'up the creek' and that i am not passionate about my job. I have had a mediation meeting with other senior staff members to which i was intimidated and told that because i am pregnant that i am irrational. I am extremely depressed and overwhelmed that this type of discrimination still occurs in the work place, my husband and i have been trying to have a child for the past 5 years, with gruelling IVF treatment, which is emotionally and physically draining, and now that things are looking good this happens and i am scared of what might happen to my baby if my work situation does not improve. I work in a University for christ sakes where are you safe these days?
by Shijaz 5th Dec 2008, 9:31am
I have been having quite a lot of problems with my job as they are convinced that if I do not return after my maternity leave that i will have to pay back some of my maternity pay. I have worked their for a year and a half and have never been given a contract. I would be happy to hand in my notice while on maternity but they are in talks with their lawyer at the moment and i think they are doing everything they can to make me pay it back. Does anyone know who wrote the above details? Are they set by the government? Thanks
by angelbay2008 27th Nov 2008, 9:36am
if i don't return to work after my year off,is it true that i dont have to repay any smp?
by bugs 20th Nov 2008, 9:08am
Because of redeployment in my work, my new manager is pushing for me to return part time, I want to return full time and then try for another baby. I have sussed that she wants to give my part time hours to a fellow worker who has been re-deployed to a part time position to make her full time. This does not feel fair how she is pressuring me.
by waddle 10th Nov 2008, 9:49am
I have returned to work part time after discussion with my employer. I have come back for three days, there appeared to be no problem with this. I have now started back to work and have asked me to sign a new contract which now does not give me sick pay. Can this be allowed.
by smasher 3rd Nov 2008, 10:12am
I returned to work on a 3 day week after being Full Time for 5 yrs. I am now requesting to return to FT status after 6 months PT .My employer is refusing even though I stated that I would like to do this in my return to work interview. Is there any legal statement clearly stating that my request is valid and that my employer should acknowledge this? I'm really fed up with how women are treated if they have a child and work. Am I not as employable as I used to be? I can still do my job even if I need matchsticks to help me stay awake..ha ha. Surely there are answers out there?
by DeeJay69 10th Oct 2008, 9:08am
Hello, i am due to go back to work in 4 weeks! i have a problem with my childcare and need to change my day i go back!!! what will happen if work say they dont need me that day? as this is the only day i will be able to return? please can i have ur advice thanks you
by sazlou1 23rd Sep 2008, 8:53am
I worked 3 days a week and want to return. BUT when my manager is on holiday or sick my contract says I have to cover for her. Obviously I wont be able to get child care at short notice if she is sick, so I feel I am unable to return to my job and my area manager agrees. Is there anything I can do about this? Should my work be more lenient by law or is that just life?
by calv 16th Sep 2008, 9:00am
I am about to return to work after my maternity leave. I am going back part time but eventually would like to go back full time. Can I ask to have my full time position kept available for me and if so for how long?
by manx 22nd Apr 2008, 8:37am
My baby is due in August and I have spoken to my employer about part time hours he has said that my job is not open on part time hours where do I stand with this, have you got any advise?
by Sazza 22nd Apr 2008, 8:37am
if i don't return to work how will i carry on with tax and insurance and what benefits i'm entitled too what do i do?
by WHYE 7th Apr 2008, 8:43am
II am returning to work after AML on the same part-time basis as before. However, I have asked to work certain shifts eg: evenings and weekends only due to childcare. My employers say this will mean a permanent change to my contract of employment. Is this correct?
by lolly147 26th Mar 2008, 1:17pm
my employer has said i cant have part time hours when i go back to work where do i stand with this have you got any advise
by amm 17th Mar 2008, 8:39am
I am on maternity leave at the moment. If i decide to go back to work then I would want part time. My employers have already given part time hours to other employees but if they refuse me what rights do I have?
by Goosenik 28th Sep 2007, 9:25am
I was to return back to work after 6 months maternity leave on a part time basis of three days a week when it came to it I was struggling with child care so they let me go back just two days until I was able to take on the third day. Four months later I was able to take on the third day and they now have said no. Before having my baby I worked full time for three years at this company
by tomcat 2nd May 2007, 6:00pm
I am pregnant with my first child and will need to return to work three months after the birth is this difficult? I have a very stressful job but need the money
by LiLi1 13th Apr 2007, 2:54pm