An employee returning from maternity leave tells me she is entitled to return on a part-time basis

An employee returning from maternity leave tells me she is entitled to return on a part-time basis. Is this true?

An employee does not have a statutory right to return to work part-time. However, since 6 April 2003 employees with children under the age of six (or disabled children under the age of 18) have had the statutory right to request flexible working. The employer must seriously consider such requests but is not required to accede to them if there is a clear business reason for rejecting the request ( Requests for flexible working).

Employers should give careful consideration to such requests because in addition to being a possible breach of the right to request flexible working, a refusal may also amount to indirect sex discrimination unless the employer can objectively justify its refusal ( Sex discrimination).

The EEF Employment Guide is intended to provide general guidance only. It does not purport to be comprehensive or to give legal advice. Users should always seek specific legal advice before taking or refraining from any action. Information and documents on this website are prepared in accordance with the laws of England, Wales and Scotland. Users accessing from Northern Ireland should be aware that different laws and interpretations may be applicable to Northern Ireland.