On Returning

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All reasonable steps should be taken by employers to help people work from home. But for those who cannot work from home and whose workplace has not been told to close, our message is clear: you should go to work. Staff should speak to their employer about when their workplace will open. 2. Carry out a COVID-19 risk assessment, in consultation with workers or trade unions Yes, you continue to accrue (build up) your paid holiday during your maternity leave as if you were still at work. It is up to you to decide when you wish to take your paid holiday and you should agree it with your employer in the usual way. The sum you must pay for relief purposes is the amount of duty which would have been due had the goods been diverted to free circulation after completion of the last inward processing transaction.

AML covers any part of the second 26 weeks of maternity leave. If you return to work during or at the end of AML (more than 26 weeks’ maternity leave) you are still entitled to return to exactly the same job on the same terms and conditions as you were doing immediately before your maternity leave. However, if your employer can show that it is not reasonably practicable for you to return to the same job, you are entitled to be offered a suitable alternative job on similar terms and conditions.

Advice

It is possible that a car allowance is considered to be part of ‘remuneration’ and is probably not payable, however, the law is unclear. influence employees’ exposure to factors in the workplace that can increase or decrease the pressure on team members (for example work demands, control, and so on) and these are likely to be felt more keenly by those returning following a period away from the workplace If your employer refuses your request and you agree that it would be difficult to do your current job part-time or in the way that you are asking, you may have to decide whether to return to your old job on the same seniority and hours you were doing before your maternity leave or to take the new job on the hours you want. You are entitled to appeal your employer’s refusal and you could use the appeal meeting as an opportunity to discuss with your employer whether there are other more suitable jobs available, however, if you think your employer is justified in refusing your request you may need to accept the changes to your role or to your terms and conditions.

It is very important to discuss your plans for maternity leave and annual leave with your employer and give your employer as much notice as possible. If you have accrued a lot of paid holiday by the end of your maternity leave you will need to arrange with your employer when you can take it. You could give notice to end your maternity leave early, if you wish, and take your paid holiday immediately afterwards. You must give at least 8 weeks’ notice to end your maternity leave early and you must agree your annual leave with your employer in the usual way. All workers are entitled to a minimum of 28 days’ statutory paid holiday per year (pro rata if you work part-time). If your employer provides the legal minimum of 28 days’ paid holiday, including Bank Holidays, your employer must allow you to take at least 28 days’ paid holiday at another time i.e. before or after your maternity leave. This is because in the European Court of Justice case of María Paz Merino Gomez v Continental Industrias del Caucho SA, Case C-342/01 the court said that a woman must be allowed to take the minimum period of paid holiday provided by national law if her maternity leave overlaps a fixed holiday such as a Christmas or summer shutdown. Annual leave and maternity leave are separate legal rights and you are entitled to both. To make new telephone benefit claims or request claim forms, including Maternity Allowance and Sure Start Maternity Grant: 0800 055 6688 Mon – Fri 8am – 6pm b) if she does not have that right, at the end of the period of 2 weeks beginning with the end of the pregnancy.

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People managers are employers’ main support base, and equipping them with tools and knowledge to assist with mental health forms a first line of defence to foster early intervention. It may be worth exploring ways of returning to work if you want to avoid having to repay your occupational maternity pay. For example, can you use your accrued annual leave for a phased return to work or return part-time or on a more flexible working arrangement? If your employer has refused a flexible work request without good business reasons and you are not able to return for childcare reasons you may have a claim for indirect sex discrimination. See our information sheet Child friendly working hours

If you are selected for redundancy because you are absent on maternity leave, you may have a claim for unfair dismissal, automatic unfair dismissal and/or maternity discrimination. For full information about your rights, see Redundancy during pregnancy, maternity and parental leave. Your employer must seriously consider how you can do your current job – on the same level of seniority – on a part-time basis and can only refuse for certain business reasons. Your employer is expected to hold a meeting to discuss your request and you have the right to appeal if your request is refused. You are entitled to a final decision within three months of your application so it is important to allow plenty of time. If your employer refuses your request without a good business reason you should get advice as this may be indirect sex discrimination. Put yourself in the employee’s shoes: how would you feel if you had been seriously unwell and absent from the daily routines of work?Don't make assumptions about what will be best for your employee. Any pay rise that takes effect from the start of your Statutory Maternity Pay calculation period (8 weeks before the 15 th week before your expected week of childbirth) until the end of your maternity leave must also be taken into account and you employer must re-calculate your maternity pay. This may mean that you are entitled to some additional SMP or you may become entitled to SMP if you were previously claiming Maternity Allowance. For more information, see Maternity Pay Questions. Holidays and maternity leave Sue was working full-time up to the start of her maternity leave. She took 52 weeks maternity leave and was entitled to 30 days annual leave which she continued to accrue during her maternity leave. She returned to work three days a week at the end of her maternity leave and it was agreed that her part-time hours would start at the end of her maternity leave. Sue had 30 days paid holiday to take. She could ask her employer to take a further 10 weeks’ holiday (taken at three days per week) or she could give notice to end her maternity leave early so that she takes the last month (using 30 days’ holiday) as paid holiday.Think about whether they would benefit from developing or refreshing any skills to equip them to do their job after having been away from work. The role of managers in employees’ mental health support is being recognised by more and more employers. According to employee wellbeing research carried out by REBA in 2020, 61% of employers offered mental health training for managers in 2020, compared with 48% in 2019. People managers are employers’ main support base, and equipping them with tools and knowledge to assist with mental health forms a first line of defence to foster early intervention.

Until March 2016 childcare vouchers were regarded as being a non-cash benefit that continued to be payable throughout maternity leave. Childcare vouchers are normally provided as part of a salary- sacrifice scheme, however, employers are not allowed to make any deductions from Statutory Maternity Pay, apart from tax, National Insurance and a few authorised deductions such as pension contributions or trade union subscriptions. This information sheet covers your rights and protection from discrimination during maternity leave and on return to work. For information on protection at work during pregnancy see the information sheet Pregnancy Discrimination. You’re entitled to return to the same job after maternity leave if you’ve been away 26 weeks or less. Your pay and conditions must be the same as or better than if you hadn’t gone on maternity leave. Relief can be claimed on goods which, prior to export, were imported for authorised use provided the goods are being re-imported for the same authorised-use purpose.This guide is designed to support you, as a manager, to manage instances of long-term absence in your team, drawing on the manager behaviours identified by CIPD research as important to support team health, wellbeing and engagement. In particular, the key behavioural areas which will assist you in managing this issue are: