Maternity Benefits Guide - Hampshire County Council

13 Returning to work
13.1 Nature of right to return
If you are absent on OML and/or AML you have the right
to return:
• To the job in which you were employed before your
absence under your original contract of
employment (for this purpose “job” means the
nature of the work which you were employed to do
and the capacity and place in which you were so
employed).
• And to return on terms and conditions not less
favourable than those which would have been
applicable to you if you had not been absent.
If you remain absent on AML you have the right to
return:
• If it is not reasonably practicable for your line
manager to permit your return to that job, to
another job which is both suitable and appropriate
for you to do in the circumstances. You also have
the right to return with your seniority, pension
rights and similar rights, and on terms and
conditions not less favourable than those which
would have been applicable if you had not been
absent.
13.2 Notification of intention to return to work or
resign
There is no need for you to notify your line manager of
the date of your return to work if you plan to take your
full OML and AML entitlement (52 weeks). However, if
you want to return earlier than the date on which your
AML period ends, you must provide the notice as detailed
below. Otherwise, you will be expected to return to work
on the next working day following the end of your AML
period.
To return early from AML, you will be expected to give the
appropriate number of days’ written notice. If this is not
received, your return to work can be postponed by the
requisite period of notice or to the end of your AML
period, whichever is sooner.
EHCC staff
You must give at least 21 days written notice of an
early return to work from AML.
Page 40 of 78