Wednesday, 23 May 2012
Return to work |
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What notice should an employee give her employer?
The employee does not need to give notice of her return date if she intends to return at the end of the OML or AML period. However, if she is on AML, you can ask her to notify you of the actual date of childbirth and whether she intends to return at the end of her AML. As long as you make the request in writing, the employee must respond, otherwise she will lose her protection against automatic unfair dismissal due to her taking AML. Your request cannot be made any sooner than 21 days before the end of the employee's OML.
If an employee wants to return early from OML or AML, she must give at least eight weeks' notice, otherwise you can postpone her return for up to 28 days, though not beyond the end of the relevant maternity leave period.
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 which is suitable for her and appropriate for her to do in the circumstances.
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