Can the mother or primary adopter change their mind?

A notice to end maternity or adoption leave is binding except in very limited circumstances. The scope for a mother or primary adopter to change their mind is surprisingly narrow. It is only possible to undo a decision if the mother/primary adopter has not yet gone back to work, the date they gave for ending the leave has not already passed and either:

• the parties discover during the eight weeks after giving the notice that neither qualify for SPL or pay;

• the partner dies; or

• (for biological mothers only), the notice was given before birth and the mother changes her mind within six weeks of birth.

• These limited circumstances do not include a partner’s redundancy or illness, family break-up, or other unforeseen changes to family finances.