Maternity Leave: FAQs

On 3rd December 2024, Sarah Alford (Partner) and Caitlin Rees (Associate) in our Employment & HR department at Berry Smith, will be speaking about the upcoming employment law reforms, including the proposed changes to family leave rights, at the Women at Work Wales Conference, hosted by Policy Insight Wales.  

We therefore thought that now was an appropriate time to share some of the frequently asked questions our team receive, with respect to maternity leave.  

What happens if a redundancy situation arises during an employee’s maternity leave?  

If an employee is dismissed or selected for redundancy on the grounds of pregnancy or having taken maternity leave, the dismissal will be automatically unfair. It will also amount to sex discrimination, for which the employee could claim uncapped compensation. 

Employees on maternity leave enjoy special protection in redundancy situations. If an employee’s job becomes redundant during her maternity leave, she has a right to be offered any suitable alternative employment, on terms which are no less favourable than her existing contractual terms, before any other employee. The Employment Rights Bill will strengthen this protection which is expected to last for six months following any return to work (although details are yet to be confirmed).  

If no suitable alternative role is available within the business, an employee on maternity leave can lawfully be made redundant, provided that the reason for the redundancy is not connected to her pregnancy or maternity leave. 

Can employers contact employees on maternity leave?  

Employers may make reasonable contact with an employee during maternity leave. It is good practice to agree in advance with the employee the level of contact they would like, to try to strike the right balance between keeping the employee updated and allowing them to benefit from the leave period. 

It is particularly important to ensure that employees on maternity leave are kept informed about any major developments or opportunities, such as opportunities for promotion. Failure to do so could result in a claim for sex discrimination. It is also important to keep them informed about any major changes that are taking place within the business, such as restructuring or TUPE transfers, ensuring that they are included in any consultation.  

How does maternity leave affect annual leave?  

Employees continue to accrue statutory annual leave during maternity leave. Employers should ensure that employees are given the opportunity to take this leave, either during or after maternity leave. Annual leave can be carried over if it cannot be used during the leave period.  

Can an employee return to work part-time after maternity leave?  

Yes, employees have the right to request flexible working arrangements after returning from maternity leave. Employers must accommodate such requests, unless they have a clear business reason to refuse the request. 

If you would like advice on maternity leave or any other aspects of employment law, please contact us at 029 2034 5511 or employment@berrysmith.com. 

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