Back From Maternity Leave?
Your job, your rights, your choices
Summary
- After up to 26 weeks off, you have the right to return to the same job.
- After longer, it's the same job unless that's not reasonably practicable.
- You can ask for flexible working from day one, and your employer must consider it.
- Being demoted or pushed out for taking maternity leave is unlawful.
Going back to work after maternity leave can be a big step. You may be excited, nervous or both. What you shouldn't have to worry about is whether your job will still be there for you.
The law protects your right to come back, and to be treated fairly when you do. Here's what you're entitled to, and what to do if your employer gets it wrong.
Your right to return after maternity leave
Your rights depend on how much leave you take. You can take up to 52 weeks of maternity leave.
Up to 26 weeks: you have the right to return to the same job, on the same terms.
More than 26 weeks: you have the right to return to the same job. If that's not reasonably practicable, your employer must offer a suitable alternative job on terms that are no less favourable, meaning the same pay, seniority and holiday.
Any pay rises due, and any improvements to terms while you were away, should apply to you too. You also build up your full holiday entitlement while on maternity leave.
Our philosophy
- Too many people get a raw deal from companies and corporations because of unfair economics
- Standing up against corporations
- We only represent individuals, never businesses
- If you've been treated badly by the system, Grapple Law can help
Coming back early, late or not at all
You don't need to tell your employer in advance that you're coming back on the expected date. If you want to return earlier, give at least eight weeks' notice.
If you decide not to return at all, give your notice to resign as your contract says. You don't have to pay back Statutory Maternity Pay, but check your contract, as some employers ask for extra maternity pay back.
Before you do return, you can take up to 10 'keeping in touch' days, paid work days that don't end your leave. They're optional, for you and your employer.
Flexible working when you return
Many parents want different hours or days when returning to work after maternity leave. You can make a flexible working request any time from your first day in a job.
Your employer must deal with your request reasonably and decide within two months. It can only say no for one of the business reasons set out in law. See how to make a flexible working request.
Refusing to allow you to work part-time without a good reason can also be indirect sex discrimination, because it affects more women than men.
If you're breastfeeding, tell your employer in writing. It must check the risks to you of coming back then, and also provide somewhere suitable for you to rest.
Pushed out after maternity leave?
Watch out for these red flags:
- Your role has been given to the person covering you when you were on maternity leave
- Your duties, team or clients have been quietly taken away
- You're left out of promotions or pay rises
- You're suddenly put at risk of redundancy or on a performance plan
Treating you unfavourably because you took maternity leave is unlawful. It can be pregnancy and maternity discrimination, and there's no minimum length of service. See pregnancy discrimination at work.
If your job is at risk of redundancy, you get priority for any suitable alternative vacancy until 18 months after the birth. See redundancy during maternity leave.
What to do if things go wrong
1. Put it in writing. Before your return date, ask your employer to confirm your role, hours and pay.
2. Keep a record. Note any changes to your job and what people say about it, with dates.
3. Raise a grievance. Set out what's changed and what you want put right. Here's how to raise a workplace grievance.
4. Watch the deadline. For things that happen on or after 1st October 2026, you have six months less one day to start Acas early conciliation, which is the first step towards making an employment claim.
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How Grapple Law can help
Grapple Law is a legal AI. It helps you check whether you've been treated unfairly when you are returning to work after maternity leave, and what your deadline for making a claim is.
Grapple Law can then help you write your flexible working request or grievance, challenge your employer and, where it makes sense, negotiate an exit settlement.
Using Grapple Law is free to start, with a choice of legal services at a fraction of the cost of a traditional solicitor.
FAQs
Returning From Maternity Leave Questions
All your questions, answered.
