Returning to work after maternity leave

Rights when returning to work after maternity leave

When an employee is returning to work after 26 weeks or less, they are entitled to return to the same job. If they are returning after more than 26 weeks, they still have the right to return to the same job unless the employer has a good business reason why not. If this is the case, the employer should offer a suitable alternative job with comparable terms and conditions (Acas, 2026).

Employees who are pregnant or on maternity leave have extra legal protection against redundancy. An employer cannot make an employee redundant for taking maternity leave or asking for flexible working (Acas, 2026).

Health and safety

The employer must do a health and safety risk assessment for employees who (Acas, 2026):

Have given birth in the last 6 months
Are breastfeeding

Employers must adjust work conditions accordingly, but only if they have been told in writing by the employee. The employer must consider any medical advice provided by the doctor or midwife (HSE, no date).

Employees also have the right to raise any concerns about health and safety at work, and the employer has a duty to assess it (HSE, no date).

Asking to take more or less time off

Employees have the right to take up to 52 weeks of maternity leave. The intended length of maternity leave will have been agreed with the employer before going on maternity leave.

If the employee wants to return earlier or later than the date originally agreed, they must notify the employer in writing at least 8 weeks before (Acas, 2026):

The new date if wishing to return earlier
The original date if wishing to return later

Using annual leave

Employees accrue annual leave as normal during maternity leave. They can request to take this at any time, including immediately after their period of maternity leave and before returning to work (Maternity Action, 2026).

Requesting flexible work

An employee can make a flexible working request if they want to make changes to the hours or days that they work (Acas, 2026).

The employer has a legal duty to consider all requests made in a reasonable manner (Maternity Action, 2025).

This government website has more information on flexible working and the employee’s rights.

Sick leave

If the employee is not well enough to return to work at the end of maternity leave, they are entitled to take sick leave in the normal way.

On the day they expected to return they must inform the employer that they need sick leave. They should not report it earlier, as it could count against their entitlement to Statutory Sick Pay (SSP). The SSP is dependent on earnings in the eight weeks prior to the sick leave, so they should check with the employer to confirm their entitlement (Maternity Action, 2026).

Having a baby can be a time of emotional upheaval. Any impact on mental health should be taken seriously after having a baby. Employers should treat requests for time off for mental health in the same way as requests for time off for physical health (Acas, 2026).

When the baby has died

In the sad event of the baby dying after 24 weeks of pregnancy, the employee and their partner may be entitled to Parental Bereavement Leave and Statutory Parental Bereavement Pay (Gov.uk, no date).

What if the employee doesn’t want to return to work?

If the employee wants to resign from their job, they must follow the normal resignation process in the employment contract. This includes giving notice and possibly a handover, which could be done over Keeping in Touch (KIT) days (Acas, 2026).

Breastfeeding rights at work

Many employees are still breastfeeding when they return to work, and this should be accommodated by the employer. Employees shouldn’t feel they have to stop breastfeeding when they return to work (NHS, 2024).

Before returning to work, the employee must let their employer and the HR department know that they are breastfeeding. The employer must then complete a risk assessment and decide whether there are any specific concerns for the employee for as long as they are breastfeeding. They should then reduce or control these risks (HSE, no date; NHS, 2024).

Expressing milk at work

Employers must legally provide a space for breastfeeding employees to rest and express milk if they wish to. The space (Acas, 2026; HSE, no date):

Cannot be the bathroom or toilets.
Must be private, clean, and hygienic.
Should include somewhere to lie down if necessary
Must have a suitable place to store expressed breastmilk, such as a fridge.

Changing hours to support breastfeeding

The employer may be able to support flexible hours to support breastfeeding (NHS, 2024).

What happens if the employer is not supportive of breastfeeding?

There are lots of benefits to the employer when supporting an employee breastfeeding, such as (NHS, 2024):

Increased morale and loyalty
Lower staff absence as breastfed babies are often healthier
Less need to replace breastfeeding employees who leave

The employer cannot stop an employee returning to work because they are breastfeeding. If the employee feels that the employer is discriminating against them because they are breastfeeding, they could contact Maternity Action.

Practical tips for returning to work

These tips passed on by parents may help the return to work run more smoothly:

Prepare the night before: put out the breakfast things, lay out outfits for the next day, and get bags ready to pick up and go.
Some parents find it easier to make sure everyone is dressed and otherwise ready before going down to breakfast.
Have boundaries. Get the baby to nursery before starting to check work emails, then be present when at work.
Use voice notes to capture work thoughts while pushing the buggy to nursery.
Where there is a partner at home, divide the time into blocks – for example, one parent feeds the children for 30 mins while the other gets showered and dressed, then switch and the other parent gets showered and dressed while the first gets the kids dressed.
Build a network of other parents, such as NCT friends, to take turns picking up each other’s children.
Some people find it useful to batch cook at the weekend, then pull something from the freezer each day.
As children get older, they can be ‘in charge’ of a small activity to help things move smoothly.
In some families, using music or a timer to signal time blocks can help. For example, music that indicates it’s the last 10 minutes before everyone needs to leave the house.
Build in a time buffer by making the ‘leaving time’ 15 minutes earlier than it needs to be.

Back to work checklist

Notify employer (line manager and HR) in writing if any work conditions need to be adjusted. Include any medical advice from doctor or midwife.
Raise any concerns about health and safety at work in writing.
Planning to return to work earlier or later? Put it in writing at least 8 weeks before the new return date (if earlier) or planned return date (if later).
Extending maternity leave by using accrued annual leave? Put it in writing in advance.
Requesting flexible working? See the guidance.
Not well enough to return? Inform the employer according to their sick leave policy.
Don’t want to return? Follow employer’s resignation policy.
Want to express breastmilk at work? Tell employer and HR before returning so they can do a risk assessment and provide a suitable place.