While reg. 12A(4) of the Maternity and Parental Leave etc Regulations 1999 makes provision for reasonable contact between an employer and an employee on maternity leave, “for example to discuss [the] employee’s return to work”, without bringing the maternity leave period to an end, if the employer does make contact and ask about the employee’s intentions, she is under no statutory obligation to respond. She is entitled simply to return to work the day after her maternity leave ends.

Of course, if she decides not to return, the employee is required to give the notice of resignation required by her contract of employment. And, if she decides to return early, she is under an obligation to give eight weeks’ notice of her early return.

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