Returning to Work After Maternity Leave in the UK

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Миколаєнко Олена Василівна

Attorney

United Kingdom / England

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Publication date: 04.09.2025

Returning to work after maternity leave in the UK is regulated by UK labour law, specifically the Maternity and Parental Leave Regulations 1999 and Equality Act 2010, which ensure employee rights to return to their previous or an equivalent role without discrimination. Legal Marketplace Consultant provides employment advice to verify your legal work status, review your employment contract, and develop a clear action plan for a safe return. Our HR legal consulting services support employees across all types of employment, including self-employment, contract work, fixed-term contracts, and zero-hours contracts, ensuring protection of their rights.

Right to Return After Maternity Leave

UK labour law guarantees employees the right to return to work after maternity leave, which consists of 26 weeks of Ordinary Maternity Leave and 26 weeks of Additional Maternity Leave. After Ordinary Maternity Leave, you are entitled to your original job with the same terms, including working hours and minimum wage. After Additional Maternity Leave, you have the right to an equivalent role. Employees can also use up to 10 Keeping in Touch (KIT) days to maintain contact with their employer without losing payments. Employment advice from Consultant ensures your employer meets their employer obligations, particularly for those under PAYE or on a probation period.

Key rights when returning:

• Right to the same job after Ordinary Maternity Leave.
• Right to an equivalent job after Additional Maternity Leave.
• Protection from discrimination due to pregnancy or maternity leave.
• Option to request flexible working hours.

Legal review of your employment contract by Consultant ensures your employment contract complies with legal requirements, and the job offer upon return does not breach your rights.

Who is Eligible to Return

Employee rights to return after maternity leave apply to all workers with “employee” status under UK labour law. This includes:

1. Permanent employees with a standard employment contract.
2. Fixed-term contract workers, provided their contract remains active.
3. Zero-hours contract workers with confirmed “employee” status.
4. Employees who used KIT days during their leave.

Self-employment excludes maternity leave rights, but individuals may qualify for maternity allowance through National Insurance contributions. If your legal work status is unclear, employment advice from Consultant will clarify it. We also verify that your employment contract supports your rights upon return, particularly for PAYE workers.

Procedure for Returning to Work

Returning to work after maternity leave requires adherence to procedures outlined in UK labour law. Employer obligations include:

1. Notifying the employee of the maternity leave end date.
2. Ensuring return to the same or an equivalent role.
3. Considering requests for flexible working hours or part-time work.

You must notify your employer 8 weeks in advance if changing your planned return date. Employment advice from Consultant helps prepare necessary documents and ensures the job offer aligns with your employment contract. If your employer breaches dismissal rules or offers worse conditions, you can file a claim with an Employment Tribunal within 3 months. Legal review of your employment contract by Consultant identifies violations, especially for those on a probation period or zero-hours contract.

Protection Against Discrimination

UK labour law protects employees from discrimination due to pregnancy or maternity leave. For instance, an employer cannot dismiss you or change your working hours without consent due to maternity. If the job offer upon return includes inferior conditions, this may breach employee rights. Employment advice from Consultant assesses the legality of your employer’s actions and prepares tribunal claims if needed.

For zero-hours contract workers or those on a probation period, confirming “employee” status is critical. Legal review of your employment contract by Consultant identifies violations, and our employment advice supports negotiations for flexible working arrangements, such as reduced working hours.

Challenges and Solutions Upon Return

Returning to work after maternity leave can present challenges, such as adapting to working hours, balancing work with family responsibilities, or employer resistance to flexible conditions. UK labour law allows requests for flexible working, which employers must consider reasonably. If your employer violates employee rights, such as offering an unfair job offer, this can be challenged. Employment advice from Consultant assists by:

• Reviewing your employment contract to ensure compliance with return terms.
• Preparing requests for flexible working hours.
• Challenging discrimination through an Employment Tribunal.

For PAYE workers, we verify National Insurance contributions to support related payments. Self-employed individuals can seek advice to explore transitioning to “employee” status.

Frequently Asked Questions About Returning After Maternity Leave

How to Return to Work After Maternity Leave

Notify Your Employer: Submit written notice 8 weeks before changing your return date.

Review Your Contract: Legal review of your employment contract protects your rights.

Challenge Violations: File a tribunal claim with Consultant’s support.