Hi
We have an employee who has recently returned from 26 weeks maternity leave - been back approximately one week. She is now asking to be returned to maternity leave for an additional 26 weeks of additional leave.
Payroll have said she cannot go back onto SMP because she was taken off due to returning.
The employee is now screaming discrimination under social economic changes.
What alternatives do we have? And is payroll correct? Thanks
HI Laura. Once maternity leave has been broken by way of a return to work, it can't be reinstated. There are different provisions relating to curtailment for the purpose of shared parental leave but this doesn't seem to fit with that. It's not discrimination - it's how maternity leave works.
Alternative is you could consider offering unpaid leave (or combination of parental leave which is unpaid, and up to a max of 4 weeks in a year and 'standard' unpaid leave) but she won't be eligible for SMP if she has broken her mat leave by way of returning.
HI Laura. Once maternity leave has been broken by way of a return to work, it can't be reinstated. There are different provisions relating to curtailment for the purpose of shared parental leave but this doesn't seem to fit with that. It's not discrimination - it's how maternity leave works.
Alternative is you could consider offering unpaid leave (or combination of parental leave which is unpaid, and up to a max of 4 weeks in a year and 'standard' unpaid leave) but she won't be eligible for SMP if she has broken her mat leave by way of returning.
