On return from maternity leave, what constitutes the same job for a teacher in order to retain her 12 weeks half occupational maternity pay?
A teacher only has the right to return to her job, in the school in her original post and on the same terms and conditions. This is a right to return to a full time contract if the teacher was originally employed on a full time contract. The teacher has the right to request part time working on their return. The employer must consider the request in accordance with the statutory procedure and provide an appropriate response. The request can only be rejected for one of eight specified business reasons, set out out in the Employment Rights Act 1996. The reasons are set out on the BERR website which provides further background information.
