Deal with the situation where an employee has failed to return to work after maternity leave

Key points

  • Where an employee has failed to return to work after maternity leave, the employer should try to ascertain the reason, before deciding what action to take.
  • If the employee does not intend to return to work, but has not given the required notice, the employer should ask her to confirm her resignation in writing and make it clear to her that she has no right to be paid for any part of her notice period that she is not willing to work.
  • If the employee is unable to return to work because of sickness, the employer's normal arrangements for sickness absence will apply.

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