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The employee does not have to give advance warning if she intends to return to work immediately after the end of her OML period, but she must give notice if she plans to return early.
When an employee returns from AML after it has expired, she does not have to give notice unless you request she confirms her intention to return to work.
If the employee wishes to return before the end of the ordinary or additional maternity leave period, she must give at least eight weeks' written notice. If she attempts to return before the end of maternity leave without giving due notice, you can postpone her return by up to 28 days, or until the end of her leave period, if that occurs first. You cannot postpone her return to a date beyond the end of maternity leave. In these circumstances, you are not obliged to pay the employee.
Job employee returns to
The employee must return to the same job, with the same terms and conditions, as if she had not been away. This means the same job and any general improvements/benefits that have been made to it. However, if there is a redundancy situation, she should be included in the redundancy selection process at that date or dates when other persons, if there are any, are dealt with and consulted at the time of the potential redundancy.
Remember: none of the selection criteria should relate in any way to her maternity condition, her OML or AML.
If there is some other reason why it is not reasonably practical for you to take the employee back to do her previous job, she should be offered alternative work. |
