Common use of Exercise of the Right to Return to Work Clause in Contracts

Exercise of the Right to Return to Work. (a) Return before the end of the maternity leave period (i) An employee shall notify the authority in writing if requested, at least 21 days before the day on which she proposes to return if this is before the end of the maternity leave period. Where the notice given is less than 21 days the employer may postpone the return to ensure 21 days’ notice, but not beyond the end of the maternity leave period. (ii) If an employee changes her mind about the day she proposes to return, she must give her employer 21 days’ notice of the new date, if this is earlier than the original date (see 11.7(a)(i)) she notified or if she is now proposing to return later than the original date, she must give notice of the new return date 21 days before the original return date. (b) All employees (i) Where an employee is unable to return on the expected day due to sickness the absence will be covered by the sickness scheme in the normal way. (ii) For an employee where, because of an interruption of work (whether due to industrial action or some other reason), it is unreasonable to expect her to return on the due date, she may instead return when work resumes, or as soon as reasonably practicable thereafter. (c) Return to work - Flexible Working arrangements Authorities should consider the full range of flexible working arrangements and support facilities for employees returning to work. The needs of breastfeeding employees should be taken into account. The Health & Safety Executive has produced guidance that employers should refer to if a facility for breastfeeding is requested.

Exercise of the Right to Return to Work. (a) Return before the end of the maternity leave period (i) An employee shall notify the authority in writing if requested, at least 21 days before the day on which she proposes to return if this is before the end of the maternity leave period. Where the notice given is less than 21 days the employer may postpone the return to ensure 21 days’ days‟ notice, but not beyond the end of the maternity leave period. (ii) If an employee changes her mind about the day she proposes to return, she must give her employer 21 days’ days‟ notice of the new date, if this is earlier than the original date (see 11.7(a)(i)) she notified or if she is now proposing to return later than the original date, she must give notice of the new return date 21 days before the original return date. (b) All employees (i) Where an employee is unable to return on the expected day due to sickness the absence will be covered by the sickness scheme in the normal way. (ii) For an employee where, because of an interruption of work (whether due to industrial action or some other reason), it is unreasonable to expect her to return on the due date, she may instead return when work resumes, or as soon as reasonably practicable thereafter. (c) Return to work - Flexible Working arrangements Authorities should consider the full range of flexible working arrangements and support facilities for employees returning to work. The needs of breastfeeding employees should be taken into account. The Health & Safety Executive has produced guidance that employers should refer to if a facility for breastfeeding is requested.