Part VIIIE+W+S Maternity rights

General right to maternity leaveE+W+S

76 Requirement to notify return during maternity leave period.E+W+S

(1)An employee who intends to return to work earlier than the end of her maternity leave period shall give to her employer not less than seven days’ notice of the date on which she intends to return.

(2)If an employee attempts to return to work earlier than the end of her maternity leave period without complying with subsection (1), her employer shall be entitled to postpone her return to a date such as will secure, subject to subsection (3), that he has seven days’ notice of her return.

(3)An employer is not entitled under subsection (2) to postpone an employee’s return to work to a date after the end of her maternity leave period.

(4)If an employee whose return to work has been postponed under subsection (2) has been notified that she is not to return to work before the date to which her return was postponed, the employer is under no contractual obligation to pay her remuneration until the date to which her return was postponed if she returns to work before that date.