Supporting employees’ return from maternity leave

When new mums come back to the workplace, it can often be a daunting and scary experience.

It’s common for some mothers to feel guilt about leaving their child. They may be anxious about all the changes that have happened in the workplace in the past 12 months and apprehensive about slotting back into their normal professional routine and being around their colleagues.

A simple ‘welcome back’ or an informal meeting is not enough. Employers need to take steps before and while the employee is on maternity leave to pave the way to a smooth return.

Here are some things employers need to think about:

Use KIT days wisely

An employee can also work up to 10 days during maternity leave through Keep in Touch (KIT) days.  They can be a fantastic way to prepare the employee for their return to work and ease the transition process. 

Contact the employee during maternity leave

Before they go on maternity leave, you should agree on how much contact they should receive, who will contact the employee and the best way to do this. Some may want to come into work to introduce their new baby and others may prefer to be contacted by phone or email. You need to ensure there is an appropriate balance – they shouldn’t feel isolated but they also shouldn’t feel harassed.

You also need to inform them of any proposed redundancies and promotions which may arise while they are on maternity leave otherwise there is a risk of claims of unlawful discrimination. To discuss this further, contact the British Sandwich Association Advisory Service who can provide you with useful guidance.  

Invite them into work events

It’s good practice to invite all employees to the work events, such as the Christmas party, including those on maternity, paternity or parental leave. But don’t press them to come.  Sometimes their family commitments mean that it may too difficult.

Take flexible working requests seriously

Employees have a statutory right to request flexible working, but there is no right to flexible working. This means that new mothers have the right to ask, but they do not have an automatic right to demand that their hours are changed or reduced when they return to work.

Employers must, however, consider the request in a reasonable manner and can only refuse a request for a clear business reason.

If you are not sure about how their proposed flexible working arrangement will work out in practice, you may allow them to try it for a few months to see how it goes. You should agree on a time when to review this to see whether it is a sustainable working arrangement.

This can help you retain your skilled employees who were thinking of leaving because they couldn’t do the standard hours, start at the time expected or deal with the lengthy commute.

Think about breastfeeding

All mothers have different views about breastfeeding. It is up to new mothers to decide whether they wish to continue breastfeeding when they return to work and for how long, but they should inform you that they will be breastfeeding during a Keep in Touch day or during a meeting to discuss their return to work.

By law, you must provide suitable rest facilities for those who are pregnant or breastfeeding. Where required, it should include a place where the employee can lie down and should be close to the toilets. Although there is no legal duty to provide them with a suitable place to breastfeed or express milk, taking a more flexible approach can help make the employee feel more supported.  If you can, think about providing a private and safe place for employees to breastfeed and express and store milk.

Plan their return

Employees returning from maternity leave have certain rights when they return to work. If an employee returns during the first 26 weeks, the employee is entitled to return to the job they held before they commenced their maternity leave – same job, same terms and same conditions.

If the employee returns between 26 and 52 weeks, they have the right to their previous job. However, this may not always be reasonably practicable. For example, you may have restructured the business while they were on maternity leave and their job now no longer exists. If you cannot offer them their previous job, you will need to offer them a suitable similar job, which must have the same or equivalent terms and conditions.

To discuss this further, seek legal advice by contacting the British Sandwich Association Advisory Service on 0845 226 8393 or This email address is being protected from spambots. You need JavaScript enabled to view it.  and quote “British Sandwich Association” and your membership number.

The information contained in this publication sets out both the legal requirements that food businesses are expected to comply with as well as good practice. However, it is industry guidance and does not necessarily cover everything that food businesses need to consider