The right to return after maternity leave is one of the most important — and most misunderstood — employment rights. The exact entitlement depends on which period of leave you took.
Ordinary vs Additional Maternity Leave
| Leave period | Weeks | Right to return |
|---|---|---|
| Ordinary Maternity Leave (OML) | First 26 weeks | Exactly the same job, same terms |
| Additional Maternity Leave (AML) | Weeks 27–52 | Same job if reasonably practicable; suitable alternative if not |
“The same job” means:
- The same role title and duties
- The same pay and benefits
- The same working location
- The same seniority and terms
Your employer cannot use your absence to change your role, reduce your grade, or cut your pay as a consequence of returning.
Returning Part-Time or Flexibly
You do not have an automatic contractual right to return part-time unless your contract says so. However:
- You can make a flexible working request from day one of employment (since April 2024)
- Your employer must consider the request and respond within 2 months
- Refusal requires one of 8 statutory business grounds
- Refusing a request that disproportionately disadvantages women may be indirect sex discrimination
Many employers agree to flexible arrangements — raise it early and in writing to allow time for planning.
Keeping in Touch (KIT) Days
You can return to work for up to 10 Keeping in Touch days during maternity leave without ending your leave. KIT days can be used to:
- Attend training sessions
- Handover planning meetings
- Trial new working arrangements before your return date
KIT days are paid at least at your contractual rate (or agreed rate) and do not affect your SMP.
Redundancy During Maternity Leave
If your role is at risk of redundancy while you are on maternity leave:
- You must be given priority access to any suitable alternative vacancy
- This right applies throughout your leave and until 18 months after birth
- Failure to offer you a suitable alternative is automatically unfair dismissal
See our What Happens If Made Redundant on Maternity Leave? guide for detail.
If Your Job Has Changed While You Were Away
On returning from maternity leave:
- Ordinary maternity leave (first 26 weeks) — you have the right to return to exactly the same job on the same terms
- Additional maternity leave (26–52 weeks) — you have the right to return to the same job, or if that is not reasonably practicable, a suitable alternative on no less favourable terms
A reorganisation or restructure during your absence does not automatically remove your right to the same job. If your role has been eliminated:
- You have the priority right to any suitable alternative vacancy (before it is offered to others)
- If no suitable alternative exists, you can be made redundant — with a right to SMP continuing and redundancy pay at your full pre-maternity pay rate
If your employer tries to move you to a different role, reduced hours, or less favourable terms without agreement on your return, this may be detriment related to maternity leave — which is automatically unlawful.