Returning to Work After Maternity Leave
The return-to-work transition is governed by several overlapping rights. You don't have to use KIT days. You don't have to give 8 weeks' notice unless you're returning early. Your right to return to the same job is conditional on the length of leave taken.
What you have to do (and what you don't)
If you return after the full 52-week leave: you don't have to notify your employer of your return date — the default return date is 52 weeks after leave start. Your employer should contact you ~8 weeks before to confirm the return arrangement.
If you return earlier than the full 52 weeks: you must give your employer at least 8 weeks' notice in writing of your intended return date. Failing to give notice doesn't void your right to return, but it lets the employer postpone your actual return until 8 weeks after they receive notice.
If you decide not to return at all: you must give the contractual notice period (e.g. one month for most permanent contracts). Resigning during maternity leave doesn't affect your right to keep all SMP paid up to the resignation date.
Right to return to the same role
The right to return depends on how much leave you took:
- Up to 26 weeks (ordinary maternity leave): right to return to the same job on the same terms.
- Between 27 and 52 weeks (additional maternity leave): right to return to the same job unless it's not reasonably practicable, in which case the employer must offer a similar job with the same or better terms.
"Same job" means same role, location, hours, pay, and grade. "Similar" must be reasonably comparable. Restructures or redundancies can't disadvantage you compared to colleagues — protected from selection bias under the Equality Act 2010 and the Maternity Protection Regulations.
KIT days — when they help
You can work up to 10 Keeping In Touch (KIT) days during maternity leave without ending it. KIT days are paid at the rate you and your employer agree (often full daily pay). Common uses:
- Attending team off-sites, training, or significant meetings.
- Half-day handover sessions before formal return.
- Phased return — using KIT days in weeks 40-50 to gradually re-engage.
KIT days are voluntary on both sides — neither you nor your employer can compel the other. A single hour counts as a full KIT day, so use them strategically.
Flexible working requests
Since April 2024, all employees have the right to request flexible working from day one of employment. The 26-week service requirement has been removed. You can request flexible hours, location, or pattern. Your employer must consider the request reasonably and respond within 2 months. If refused, the response must cite one of the 8 statutory business reasons. You can make 2 requests per 12-month period.
Common post-maternity flexible-working requests: part-time, compressed hours, home working, term-time-only contracts. The earlier you submit the request before your return date, the more time everyone has to plan.
Breastfeeding and expressing rights
Employers must provide a suitable rest area for breastfeeding mothers and a "reasonable" amount of paid time to express milk or breastfeed. The exact amount isn't prescribed in law — it's a reasonable-employer obligation. Most large employers have a written breastfeeding policy. Notify your employer in writing that you're returning while breastfeeding so they can arrange facilities.
Annual leave accrued during maternity
Annual leave accrues at full rate during your entire 52-week maternity leave — it's not pro-rated. You can take accrued leave immediately before your maternity leave starts (extending paid time off at full salary), at the end (delaying return), or during the year following return.
