Returning from maternity leave: what your employer has to do

Going back after maternity leave brings up a lot of questions, from whether your job will be the same to where you’ll express milk. Here’s what the law says your employer has to do, what’s up to them, and how to plan your return.

This guide covers England, Scotland and Wales. Employment law is different in Northern Ireland in places, so check nidirect if you work there. In Northern Ireland, for example, you need 26 weeks’ service before you can ask for flexible working, you can only ask once a year, and neonatal care leave isn’t available yet.

Your return date

When you tell your employer when your maternity leave will start, they must write to you within 28 days confirming when it will end. Statutory maternity leave can last up to 52 weeks. If you go back on the date they confirmed, you don’t need to give any more notice.

If you want to go back earlier, or on a different date, you must give your employer at least 8 weeks’ notice. If you turn up without giving that notice, your employer can put off your return by up to 8 weeks, but not beyond the end of your 52 weeks.

You can’t go back in the first 2 weeks after the birth (4 weeks if you work in a factory). That time off is compulsory.

Want a little longer at home? Maternity leave can’t go past 52 weeks, but you may be able to add holiday you’ve built up, or take unpaid parental leave (see below).

Getting your job back

If you go back within the first 26 weeks (called Ordinary Maternity Leave), you have the right to return to the same job.
If you take more than 26 weeks, you still have the right to your old job. If that isn’t reasonably practicable, your employer must offer you a similar job, which means one with the same or better terms and conditions.

Your terms and conditions are protected while you’re away, and you’re entitled to any pay rises or improvements given while you’re on leave. If a pay rise affects the period used to work out your maternity pay, your employer has to recalculate your SMP too. See Statutory Maternity Pay explained.

If there are redundancies

If your job is at risk of redundancy while you’re on maternity leave, you have the right to be offered a suitable alternative job if one is available. This applies even if colleagues might be better suited to it. The protection lasts until 18 months after your baby’s birth, so it carries on after you’ve gone back.

Holiday you’ve built up

You keep building up holiday while you’re on maternity leave, in the same way you would at work. Most people who work 5 days a week are entitled to at least 28 days’ paid holiday a year (5.6 weeks), which can include bank holidays. Your contract may give you more.

You can take the holiday you’ve built up before or after your leave. Lots of people add it to the end of their maternity leave, or use it to go back on shorter weeks for a while. Agree the dates with your employer early, especially if your leave runs across two holiday years.

Keeping in touch (KIT) days

You can work up to 10 KIT days during your maternity leave without ending your leave or your maternity pay. They’re optional: you and your employer both have to agree. Agree what you’ll do and how much you’ll be paid before you go in. Working any part of a day counts as a whole KIT day.

If you switch to Shared Parental Leave, you can also work up to 20 ‘SPLIT’ days. For ideas on using them to ease back in, you can sign up for our free KIT day planning guide.

Asking for flexible working

There’s no automatic right to come back part-time or on different hours. But every employee has the right to ask for flexible working from their first day in a job, and your employer has to deal with it reasonably.

You can make 2 statutory requests in any 12 months.
Your request must be in writing, dated, say it’s a statutory request, explain what you’d like to change and when, and say whether you’ve asked before.
Your employer must decide within 2 months, unless you agree to longer, and must talk to you about it before saying no.
They can only refuse for one of 8 business reasons, such as extra costs that would damage the business, or not being able to reorganise the work among other staff.

An agreed change is usually permanent, so you could ask for a trial period first. Make your request well before your return date so there’s time to agree it. To help you prepare, you can sign up for our free return to work meeting checklist.

Breastfeeding or expressing at work

If you’re still breastfeeding, tell your employer in writing, ideally before you go back. Once you have, your employer must:

carry out an individual risk assessment and remove any risks they find, for example by changing your work or hours
provide a suitable place for you to rest or breastfeed, including somewhere to lie down if you need to

The Health and Safety Executive says the space should be private and hygienic so you can express if you choose to, with somewhere to store milk, like a fridge. Toilets aren’t a suitable place. Talk to your manager about the breaks you’ll need. You can also sign up for our free guides to your breastfeeding rights at work and breastfeeding and work tips.

When your baby is ill, or you need more time

Time off for dependants: you can take a reasonable amount of time off to deal with an emergency, such as your child falling ill. Your employer doesn’t have to pay you for it, but some do.
Unpaid parental leave: up to 18 weeks for each child before they turn 18, usually taken in whole weeks and no more than 4 weeks a year for each child. You need to give 21 days’ notice. Since 6 April 2026 it’s been a day-one right, so you don’t need a year’s service any more.

If you decide not to go back

Resign in the usual way, giving the notice in your contract (or at least a week if your contract doesn’t say). You don’t have to pay back any SMP or Maternity Allowance, and you’ll still get any SMP left for the rest of your 39 weeks, unless you start working for a new employer after your baby is born. If you do, your SMP stops. If your employer paid you more than SMP, your contract may say you have to pay back the extra if you don’t return. You should also be paid for any holiday you’ve built up and not taken.

If something goes wrong

It’s unlawful to treat you unfavourably because you’re pregnant or have taken maternity leave. If you’re worried about how you’re being treated, start by talking to your manager or HR, and keep notes of conversations. If that doesn’t sort it out, raise a formal complaint (a grievance) in writing.

Acas gives free, confidential advice on 0300 123 1100. If you’re thinking about an employment tribunal claim, you usually have to contact Acas first. For most problems that happened on or after 1 October 2026, you have 6 months minus 1 day to start this (3 months minus 1 day for problems before that date), so get advice early.

Questions people ask

Can my employer contact me while I’m on maternity leave?

Yes, some contact is normal, for example to tell you about changes at work or jobs that come up. It helps to agree before you go how and how often you’d like to hear from them.

Can I be made redundant on maternity leave?

It can happen if there’s a genuine redundancy situation, but you must be offered a suitable alternative job first if one is available. Being selected because you’re pregnant or on maternity leave is unlawful.