Can you change your return date if you have agreed one: ask the expert

Can you change your return date if you have agreed one: ask the expert

Some years ago I advised a woman in her late teens. Before her baby was born, she was told by her employer that as a special favour she could take two weeks holiday after the birth of her baby, after which she must return to work. She returned to work when her baby was two weeks old.  Had she known at the time of her legal entitlement to take a year off, she would have chosen to take  the 39 weeks of paid leave.

I do not think your daughter has left it too late.  All pregnant employees, irrespective of part time status or length of service, have the right to take up to 52 weeks of maternity leave and return to their job at the end of their leave.  And for many of these employees this leave will be paid for the first 39 weeks

Ordinarily, there are notice requirements that should be met and a time frame to comply with. However, in the circumstances it is very likely these will not apply.

I suggest that your daughter seeks immediate legal  advice.

Vanessa Wheeler is a solicitor at Setfords Solicitors. Please contact her for legal advice on business and commercial law, including franchise and contractual matters.   She can also assist with employment matters. She and her colleague Vanessa Challess Dines will be holding a one to one legal clinic at Workingmums LIVE on 27 March where you can get direct advice on your employment law questions. People visiting the Setfords stand will be seen on a first come first served basis.


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