Additional Maternity Leave
What happens if an employee is sick when she is due to return to
work at the end of her period of additonal maternity leave?
 
A pregnant employee's weekly hours and earnings do not affect her right to AML, although her earnings will affect her maternity pay. AML must be taken immediately after the end of OML.
 
Once the OML period is over, the contract of employment continues to run. However, the only benefits from those terms and conditions are those relating to notice, redundancy, confidential information, acceptance of gifts from customers/clients, and grievance and disciplinary procedures. You and your employee are still bound by the mutual duties of trust and confidence.
 
Employees on AML still accrue holiday, up to the 4 weeks' statutory leave provided by law, but they must take it within the holiday year. In some instances, this may mean that the employee will need to return to work early in order to take the holidays accrued. Further contractual leave (extra days holiday over and above the statutory 4 weeks, if these form part of the contract) will not be accrued unless this has previously been agreed with the employer.
 

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