Back to work in COVID times, by employment lawyer, Amy Sinclair (2/2)

Returning to work after maternity leave, especially in times of Coronavirus. Part 2.

Last week, I shared my top 10 tips for planning your return to work after maternity leave.  With the added complexities of coronavirus to contend with there are now even more factors to consider on your return to work after maternity leave. 

I set out below the three main areas that I am being asked about:

1. Will the length of my maternity leave be affected? 

Despite petitions to lengthen maternity leave due to coronavirus, there have been no changes made.  New mothers continue to be entitled to 52 weeks on maternity leave and 39 weeks of maternity pay but do not have to take the full period.  You should ensure that you are not being put under pressure to return to work early or to extend your maternity leave beyond the length you wish it to be.  

2. Should I be thinking about requesting furlough? 

It can be more financially beneficial than SMP: You cannot receive furlough pay at the same time as maternity pay. You can decide to end your maternity leave early (on 8 weeks’ notice) if your employer has offered to put you on furlough and you would receive higher pay as a result. But remember that as soon as your employer ends your furlough and needs you back in work you cannot restart your maternity leave. 

If your role cannot be done from home: If your role means that on your return you are unable to work from home then you would be required to go to work like any other employee.  I am seeing cases of employers requiring employees to return to the workplace when their job arguably can be done remotely – where this is the case it should be challenged.  If your maternity leave has come to an end, your job cannot be done from home, and you cannot return to work because you need to self-isolate then you can ask your employer to put you on furlough.  If this fails (e.g. because your employer has not used the furlough scheme for other employees) then those who need to self-isolate can claim statutory sick pay while they stay at home (though note this is significantly lower than furlough pay).  

If you cannot work due to caring responsibilities: If you are unable to work, including from home, due to caring responsibilities because of coronavirus, such as caring for children who are at home as a result of school and childcare facilities closing, then you should speak to your employer about whether they can place you on furlough.  They are not obliged to do so but it is likely to be discriminatory to refuse you furlough because of your recent maternity leave if other employees have been furloughed. 

3. What can I do to get set up remotely? 

If you are returning to work from home then ensure that you have been sent all relevant equipment required to enable you to do so and consider spending time (perhaps on a KIT day) getting all IT equipment set up, tested and working so that you are ready to go on day 1.   

The return to work from maternity leave can be difficult to navigate at any time, and the implications of coronavirus adds many extra layers of complexity.  If you would like to book a 1:2:1 consultation with Amy to discuss your position and next steps please contact her using the details in her Bio below.