WO toolkit 2012 complete.pdf - GMB

SECTION 5.21
21. Can I return to my job after maternity leave with all my service rights?
You generally have the right to return to exactly the same job after your maternity leave.However the
right to return is slightly different depending on whether you are returning after Ordinary Maternity
Leave(OML)or after Additional Maternity Leave(AML).
• You are entitled to return to your old job if you take just OML of 26 weeks.
• If you return after AML of up to a further 26 weeks,you are entitled to return to your old job,unless
that is not reasonably practicable.In that case,you must be offered a similar job–one that is the
same kind,in the same place and in the same capacity.
• If your job has been made redundant during your OML or AML,your employer must offer any
suitable alternative vacancy on broadly comparable terms.
• You can take up to four weeks parental leave immediately after the end of your OML,and return to
your old job.You will need to give your employer 21 days notice that you wish to take parental leave.
If you take more or if you add any parental leave on to AML,and it is not reasonably practicable for
you to return to your old job,you must be offered a similar one(see also 24 What Rights Do I Have to
Parental Leave).
If you are sick at the end of Maternity Leave and cannot physically return,you transfer to your company
or statutory sick pay scheme.You cannot be dismissed unless a man in similar circumstances would be
dismissed e.g.exhaustion of sick leave.Even then,the employer has to follow certain procedures,
including consultation; investigation of your current medical condition; transfer to alternative
employment.
If your employer refuses to allow you to return because you have taken the OML or AML,this will be an
automatically unfair dismissal(see 19 Am I Protected From Dismissal or Detriment During Maternity).
Your contract continues in all or some respects depending on whether you are on OML or AML.
• During OML of 26 weeks,all contractual rights except pay continue to accrue as normal e.g.
seniority and holidays accrue.
• During AML of up to a further 26 weeks,most of your contractual rights are suspended,except the
right to notice,redundancy compensation,disciplinary or grievance procedures,and the duties of
trust,confidence and good faith.So seniority,pensions rights pay increments do not accrue.Any
scheme reflecting past performance should be paid on a pro rata basis to any work undertaken
during the year.
• OML or AML both count as service for gaining employment protection rights including holiday
leave under the Working Time Regulations.
• Pension contributions and,therefore,pensionable service in occupational pension schemes
continue during both OML and AML,but calculated by reference to your actual maternity pay and
not your normal pay.However,in money purchase schemes,only the amount of contribution
actually paid will count.