Returning to work

An employer cannot refuse to let an employee return to work early (i.e. before the statutory end date of their leave) as long as that employee has given notice of their early return date following the statutory procedure.

A woman returning from ordinary maternity or adoption leave (i.e. within the first six months of leave) and a man returning from additional paternity leave are entitled to the same basic right: to return to the same job he or she was employed to do before the absence. The “same job” means the job the employee is required to do under their contract of employment.

For example, in Blundell v Governing Body of St Andrew’s Catholic Primary School ([2007] IRLR 652), the EAT said a primary school teacher did not have the right to return to teaching the reception class because under her contract she could be required to teach any year group of children.

A woman returning from additional maternity or adoption leave has less comprehensive rights on return. She has the right to return to the same job she was doing, or if that is not reasonably practicable, to another suitable and appropriate alternative. Her right is to return on terms and conditions no less favourable than if she had not taken maternity or adoption leave, with her seniority and pension rights as they would have been had she not taken leave. In particular, her employer cannot refuse to take her back just because her replacement is found to be a more effective worker.