The right to ask her employer to consider a request to return to work on a flexible basis at the end of her maternity leave.
In the event that the employee does not return to work having received Company Maternity Pay, the company can re-claim any non-statutory amounts paid to her in excess of her entitlement to SMP, provided that this is made clear within the Company's maternity leave policy.
A pregnant employee will be required to notify her employer of her intention to take Maternity Leave by the 15th week before the expected week of childbirth unless this is not reasonably practicable. The employee must communicate to her employer that she is pregnant, the expected week of childbirth, and when she wishes her maternity leave to start. The earliest that this leave can be taken is 11 weeks before the expected week of childbirth, unless the baby is born early. In the event that the child is born early, maternity leave starts the day after the day of the birth. In these circumstances the employee must provide her employer with the child’s birth certificate or a document signed by a doctor or midwife that confirms the actual date of birth and the employer must write to her to confirm the new end date for her leave.
She should at this time provide her employer with her MATB1 form (which she should have obtained from her doctor or midwife). An employee is allowed to change her mind as to when she wishes to start Maternity Leave, provided she informs her employer at least 28 days in advance.
Employers must provide the employee with a notification of her maternity leave entitlement, maternity pay entitlement and the date upon which her maternity leave will end (based on the intended commencement date) within four weeks of being informed of the employee's intention to take maternity leave. The employee must also give 28 days notice of the date which she wishes SMP payments to commence (which can start on any day of the week; in the past it had to fall on a Sunday but this is no longer the case).
If the employee wishes to return to work before the end of her maternity leave she must give her employer 8 weeks notice of her intent to return early.
During the employee's ordinary maternity leave, she is entitled to all normal benefits she would normally be entitled to from her terms and conditions of employment (except for her salary). The employee has the right at the end of her Ordinary Maternity Leave to return to her original job. If her job becomes redundant, while she is on Maternity Leave, a suitable alternative job must be offered if one arises. If, however, the employer can offer no suitable alternative the employee is entitled to redundancy pay. Failure to accept a reasonable offer of alternative employment could result in the employee losing her right to redundancy pay.
Employees (at the end of Additional Maternity Leave) are entitled to return to their original jobs. If this isn't reasonably practicable, the employer should endeavour to find a suitable alternative. If there is no suitable alternative position available, then redundancy should be offered.
Employers must take their employee's health & safety into account and any risk that the employee may face. If there is a risk to the mother and/or her unborn baby, it is the employer's responsibility to offer alternative employment which does not pose any risk. If this is not reasonably practicable then the employer must suspend the employee, because of the potential risk to health, on full pay.
Holidays continue to accrue during both Ordinary Maternity Leave and Additional Maternity Leave. Holiday may not be taken during Maternity Leave and payment in lieu of accrued but untaken holiday can not be made for statutory holiday entitlement under the Working Time Regulations. Employers may wish to agree payments in lieu for any additional contractual holiday entitlement in excess of the employee's statutory entitlement. Typically holiday may be taken either immediately prior to the commencement of Maternity Leave or immediately at the end of the Additionalk Maternity Leave period.
Employees may, with their employer's agreement, attend work for up to 10 days during their Maternity Leave without bringing the leave to an end. These days are intended to encourage the employee to keep in touch with the workplace. Payment should be made for attendace at work although this should not necessarily be at the employees normal contractual rate of pay (but must be in line with the requirements of the National Minimum Wage). Employers are under no obligation to provide work on these days and the employee is under no obligation to perform work on these days - which may be used for such activities as training or briefing the employee on developments within the business or her team.