Under pressure to give date for returning to work after maternity leave.

texas star

As title says I'm 7 months pregnant on my first baby.Ever since I told my job months ago I was pregnant every week I'm being asked when will I be returning to work.I feel like saying how long is a peice of string.If I give them a time frame am I stuck with this by law.I'm with my company 7 years they don't contribute to my maternity leave.I will be returning but I'm not sure 100% sure when.Thanks in advance.

conorh91

texas star wrote: »

If I give them a time frame am I stuck with this by law

It depends on the type of notice you give. As you probably already know, there are two types of maternity leave: maternity leave (for which maternity benefit is payable) and additional, unpaid maternity leave.

If, when you give notice of the dates for your 'ordinary' maternity leave, you omit to state any intention about additional, unpaid maternity leave, then you can subsequently, and unilaterally, extend your maternity leave by up to sixteen weeks.

If however, when you give your employer notice of the dates for your maternity leave you specify that you will only be taking X number of weeks of additional unpaid leave at the end, I am not certain that you are entitled to vary that without the agreement of your employer.

The person best-placed to answer this would be a solicitor who has also had sight of your contract of employment.

However, what is absolutely clear is that if you only give notice of ordinary maternity leave, you can unilaterally extend your leave by 16 weeks simply by notifying your employer in writing no later than 4 weeks prior to your expected return to work.

s.14 Maternity Protection Act 1994 as amended by s.5 of the Maternity Protection (Amendment) Act 2004 and the Maternity Protection Act 1994 (Extension of Periods of Leave) Order 2006

14. Entitlement to additional maternity leave

[(1) An employee who has taken maternity leave shall, if she so wishes, be entitled in accordance with this section to further leave from her employment, to be known (and referred to in this Act) as “additional maternity leave”, for a maximum period of—

(a) 16 consecutive weeks commencing immediately after the end of her maternity leave, or

(b) 16 weeks, all or part of which is postponed in accordance with section 14B, commencing either in accordance with that section or immediately after the end of her maternity leave, as may be appropriate.]

(2) An employee shall be entitled to additional maternity leave, whether or not the minimum period of maternity leave has been extended under section 12.

(3) [Subject to section 14B, entitlement to additional maternity leave] shall be subject to an employee having notified in writing her employer (or caused her employer to be so notified) in accordance with subsection (4) of her intention to take such leave.

(4) Notification under subsection (3) shall be given either at the same time as the relevant notification under section 9 or not later than four weeks before the date which would have been the employee's expected date of return to work under Part IV if she had not taken the additional maternity leave.

(5) A notification under this section may be revoked by a further notification in writing given by or on behalf of the employee concerned to her employer not later than four weeks before the date which would have been her expected date of return to work under Part IV if she had not taken the additional maternity leave.

(6) [The Minister may by order amend subsection (1) so as to extend the period mentioned in that subsection.]

texas star

Thanks for that so just double checking I've to write 4 weeks before due back if I'm taking longer u unpaid leave.I should be covered?Thank you.

conorh91

Yes, at least four weeks notice, but it's a notification and not a request so there shouldn't be an issue.

Hope you're getting plenty of sleep while you still can:pac: