If you decide not to go back to work when your parental leave ends, you must tell your employer in writing at least 21 days before the end of your parental leave. Holiday leave and pay. These policies sometimes require employees to pay back their maternity or paternity pay if they don't return after their leave expires. It explains the first 26 weeks of maternity leave are called ‘ordinary maternity leave’ under the law. Dear Jane, During these past two months on maternity leave, I've spent a lot of time thinking through my next steps. A common issue for an employee returning from maternity leave is finding that her job has changed beyond recognition. If you think your employer isn’t being fair 15.94 Where unused annual leave and public holidays exceed local provisions for carry over to the next leave year it may be beneficial to the employer and employee for the employee to take the unused annual leave and public holidays before and/or after the agreed (paid and unpaid) maternity / adoption / shared parental leave period. On your return from maternity leave, you have the right to return to the same job you had before. Employees, and their careers, without knowledge of these rights must often deal with employers who refuse to follow the law. Not returning to work after maternity leave: what happens next. If you decide not to come back from leave, your employer has a right to seek reimbursement of any money it paid to keep your health benefits in place. This means they could return to work with a lot of holiday to take. The employee is required to give their employer 21 days’ written notice before the period of leave ends, advising whether or not they will be returning to work. You have the right to return to the same job after ordinary maternity leave. Returning to work post maternity leave involves a full array of challenges for mothers, but it also involves a number of legal protections. Employees are eligible for maternity and parental leave if they have been employed at least 90 days with the same employer. These are important. Redundancy. In New Zealand, the Parental Leave and Employment Protection Act 1987 covers notice requirements for employees returning to work after a period of parental leave, such as maternity leave or extended leave.. Notice. Employees are free to choose not to return to work after leave has expired, but an employee must give at least four weeks’ written notice of her resignation. Redundancy can happen when your place of work closes or moves, either temporarily or permanently, the type of work you do will no longer be done at your place of work, or fewer employees are needed to do the type of work that you do. Any maternity package offered to you by your employer in addition to the above is subject to their terms and conditions... some will require it paid back if you choose not to return to work, some will not... if the employer does require any amount to be repaid, they can only take back any amount over and above the amount of SMP you qualified for (which means if you didn't qualify for … To qualify for occupational maternity pay, you must be covered by the Burgundy Book and employed for at least one year and 11 weeks with one or more local authorities by the expected week of childbirth. The right to return to school after maternity leave. Maternity leave and maternity pay can be a source of great confusion for many teachers. You need to give the correct notice and it may affect any holiday pay you’re due. Last Reviewed: January 2020. Employer’s Obligations to Pregnant Employees When do you need to inform your employer about your pregnancy? COVID 19. If you work more than 10 KIT days, your maternity leave and pay automatically end by law. There is no requirement for you to have to repay any statutory maternity pay in the event that you resign from your employment during your maternity leave and/or a requirement for you to return to work for six weeks after the end of your maternity leave. We have simplified everything you need to know below, so you can make informed decisions about what you plan to do and ensure you can select from all the options you are entitled to. If your maternity leave was covered by the federal Family and Medical Leave Act (FMLA), your employer was legally required to continue your health insurance benefits during your time off. Basic rules. The employee can change their mind by providing four weeks’ notice again of the new date to return. Quitting after Maternity Leave. However, I can't see how you are going to make her give you notice and what advantage there would be to you, even if she did so. You are entitled to maternity leave without pay if you have worked for the same employer for at least 90 days before your leave starts. If you have been made redundant but the person covering your maternity leave has not, this is not likely to be a genuine redundancy and you should seek legal advice straight … [Whereas she would not have to give notice of intended return to work, if returning immediately her maternity leave ends (she had to give 28 days notice to return earlier).] Download our guide to redundancy rights when pregnant or on maternity leave (PDF, 299KB, 13 pages). If you’ve been affected, Work and Income may be able to help: COVID-19 — Work and Income. If your employment agreement says you have to give more than 21 days’ notice of resignation (eg your notice period is one month), then that resignation notice period becomes the notice period you need to give your employer. How long do I have to work to get maternity leave? You can also work up to 10 days during your maternity leave without losing maternity pay or benefits, or ending your leave. Failure to allow a woman to return to her old job after maternity leave. Unfortunately maternity pay is very low but you are not entitled to ‘remuneration’ (normal salary) during maternity leave as you can only get maternity pay during this period. Occupational maternity pay is also paid for a continuous period of up to 33 weeks. Returning to Work. Whether an employee is returning to work from long-term parental leave, sick leave, an extended holiday or long-service leave – there are steps employers can take to make the transition back to work easy. Shared Parental Leave and Pay. If your maternity leave ends and you decide that you don’t want to go back to your job, you’ll just resign in the normal way. After much debate, I've decided to stay home with my children, and not return to full-time work. I love my job and the work I do, but my direct supervisor is such a toxic person that it has made it unbearable to be at work. Put simply, this therefore means that women on maternity leave may lose some of their holiday entitlement if their accrued holidays extend into a new holiday year. So it's a good idea to agree with them how they'll take their holiday before they go on maternity leave. These are called ‘keeping in touch’ days and can only be worked if both you and your employer agree. You do not have to take 52 weeks but you must take 2 weeks’ leave after your baby is born (or 4 weeks if you work in a factory). It’s against discrimination law for your employer to make you redundant just because you’re pregnant or on maternity leave. Having an employee return to work from an extended absence can be a big adjustment for both parties. I am returning to work this week after being out on maternity leave. 8. Employees build up ('accrue') paid holiday as normal during maternity leave. Employer-provided parental leave programs often come with strings attached, such as requiring that employees return to work for a certain period after taking leave. Subject: Maternity Leave – Your Name. Weeks 5 - 6 are paid at 90 per cent of salary, and weeks 7 - 18 at 50 per cent of … ACAS explains your employment rights when returning to work after having a baby. The only way you can receive furlough pay is to give notice to end your maternity leave early and return to work and ask your employer if you can be put on furlough. You’re entitled to return to the same job after maternity leave if you’ve been away 26 weeks or less. 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