Returning to work after pregnancy

When a woman goes back to her job after maternity leave, she should get the same pay and benefits as before she went on leave. Just going on maternity leave does not change her entitlements, any more than if she went on holidays.

Sometimes changes are made to the workplace while someone is on maternity leave that mean that they can’t go back to the same duties. For instance, the office she worked at may have closed down and she may need to work in another office. This is not discrimination as long as the worker retains the same conditions e.g. rate of pay, sick leave, holidays.

Some women want to return to work full-time, others part-time. An employer can’t assume that a woman who previously worked full-time will want to work part-time now that she has a baby. Reducing a woman’s hours because she has had a baby is discrimination.

On the other hand, a woman does not have an automatic right to return to work part-time if she was previously full-time. She can ask if the job can be changed to part-time and the employer should consider the request seriously. However, the employer cannot be forced to grant it.