Going back to work, by employment lawyer, Amy Sinclair (1/2)

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

The return to work after maternity leave can be a huge transition and packed full of emotions: a mixture of excitement for hot coffee, a chance to be an adult/not just a mum again, and to use some intellectual brain power, apprehension about the changes it will involve and the new logistics to navigate, the physical wrench of being away from the baby, the psychological hurdle of letting go of some control over the baby by handing them over to different care-givers, and the mental challenge of getting back into a ‘work’ frame of mind.  For some this comes more easily than others, and a lot will depend on the work environment provided by the employer and how psychologically safe an employee feels.

So, what can you, as an employee returning from maternity leave, do to help determine your work environment and psychological safety, particularly with the added complexities of coronavirus to contend with?  

Here are my top 10 tips for planning your return to work: 

1. Use Keeping-In-Touch (KIT) days in the weeks leading up to your return to attend the workplace (either in person or, at this time, remotely if that is how the organisation is currently functioning) to schedule catch ups with the relevant people or to attend training / team sessions etc. You are entitled to up to 10 KIT days paid at full pay.  

2. Ensure that you are kept up to date with any reorganisations, consultations, promotion opportunities or other changes (e.g. furlough, plans for phasing back to the office etc.) – if you find out that you aren’t being kept in the loop raise this with the appropriate person in writing (so that you have a paper trail).  

3. Find out about any changes to the workplace and to your role, for example has anyone left? Are there any new team members? Has your role changed in anyway? How is the organisation currently function (e.g. is everyone working remotely)?

4. Consider whether there is any training (internal or external) that you could do or request that would help you update/refresh your knowledge.

5. Schedule a handover session or series of sessions with your maternity leave cover/the people who have been doing your work and work out an effective transition.  

6. Consider whether you can/would like to phase back (for example by using annual leave to work part time to begin with) or just plunge back in. 

7. A mid-week start often works well so that the first week is just 2/3 days before the weekend.

8. Consider how you think you can best manage your work and childcare going forward and whether you will need/want any form of flexible working arrangement – if so check your employer’s policy on this including how to make the request.  You should look to make any such request at least 8 weeks before your return to allow time for your employer to consider and respond and for you to make any appeal if necessary.

9. Consider whether you have any other needs that you will need to discuss and arrange, for example if you are breastfeeding and will need facilities to pump during the day.  Health and safety regulations require employers to provide “suitable facilities” for employees to breastfeed, express milk and to rest when doing so.  Toilets are not considered suitable facilities.

10. Check out your statutory and employer’s family-related benefits, including childcare vouchers, emergency childcare cover etc.  Many parents are not aware of their legal right to parental leave - statutory parental leave is up to 4 weeks’ unpaid leave per year per child up to a maximum of 18 weeks per child before the age of 18; some employers increase the length of this leave or offer pay during such leave. 

Photo by Prateek Katyal from Pexels

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.  Next week, we’ll be sharing the second part of Amy’s guest post where she will cover coronavirus-specific advice to consider in your return to work.  

If you would like to book a 1:2:1 consultation with Amy to discuss your position and next steps please contact her.