An employee who returns to work after Ordinary Maternity Leave (OML) is entitled to return to the same job on the same terms and conditions of employment as if she had not been absent. However with Additional Maternity Leave (AML - where more than 26 weeks’ maternity leave is taken) the employee is entitled to return to the same job on the same terms and conditions of employment as if she had not been absent, unless there is a reason why it is not reasonably practicable for her to return to her old job. If this is the case, then the employee should be offered a suitable alternative job on terms and conditions which are not less favourable than her original job.
It is not clear from your question whether you will be taking OML or AML. If you are taking OML then you would have a case against your employer if they did not give you your old job back. If you are taking longer time off, then your employer can give you a similar role in terms of status, pay etc. Even if you are taking AML, you would be justified in questioning why they couldn’t give you your old job back and let the new hire do other parts of the role.
I think you need to have a meeting with your employer to understand how they intend to cover your role while you are away and try to understand the exact job description that the new hire has been given. It might be that the new person has only been hired on a contract basis to cover your position while you are away and that he/she will leave when you return. By asking these questions it will demonstrate commitment to your role and the company and your intention to return to work after having your baby.
Good luck.
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