Working mother rights
Balancing work and family can be challenging, especially when it comes to understanding your working rights. Whether you're returning from maternity leave or need time off when your child is unwell, it can be confusing to know when and how to ask for support. That's why we've created this comprehensive guide to working rights for parents, helping you navigate the complexities of work-life balance in 2024.
Coming back from maternity leave
You’ve had your beautiful baby, finished your maternity leave and now you’re thinking about going back to work.
If you decide to take the full 52 weeks off work, you don’t have to give notice to your employer that you’re coming back, although it’s recommended you do just to remind them.
Want to go back earlier? You can return to work after the first 26 weeks of having the child if you like, and you’ll have the right to return to exactly the same job with the same terms and conditions, as if you’d never been away.
This right gets slightly softened after 52 weeks, and at this point your employer can argue your old job no longer exists, although if they do they must offer you an alternative job with the same terms.
If your employer prevents you from returning to work with no valid reason or makes you redundant solely on the basis that you’ve taken maternity leave, you can make a complaint of unfair dismissal and take it to an unemployment tribunal.
Requesting flexible hours
Once back in the saddle, you have a new set of rights – firstly, to request flexible working arrangements so you can be at home at vital times for your child.
Your employer has to take this request seriously, and you’re in a good position to negotiate the following working hours where appropriate:
- Flexitime
- Part-time work
- Working from home
- Job-share, where appropriate
All these options come with statutory protection of your existing terms and conditions.
Having time off work
You also have the right to take unpaid leave to look after a sick child, whether this is planned (e.g., taking the child to doctor’s appointments) or unplanned (e.g., when the school rings in to say little Jemima’s feeling sick). So long as these are genuine, you cannot be penalised for taking reasonable time off to deal with them.
If your child is unwell, you’re allowed to take time off until their initial needs are dealt with (taking them to the doctor, arranging child care etc). If you want to stay at home to look after them yourself, you’ll then need to make further arrangements with your employer.
As long as your time off is for legitimate emergencies, there isn’t a limit on the amount of times you can have time off to deal with it, although it’s always best to talk to your boss if you think it’s going to be ongoing situation.
If you have a child under five (or under 18 if they are disabled) you also have the option of taking parental leave.
