Can I give an employee returning from maternity leave a different job when she comes back? Employment Law for Employers

No, the employee returning from maternity leave has the right to return to her job unless the job is no longer there. Having someone else doing the job doesn’t mean the job isn’t available.

There is more flexibility if she was returning after additional maternity leave (over 26 weeks’ leave). However either way, you must be very careful of discrimination in these cases.

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