The legislation presumes that an employee who qualifies for additional maternity leave (AML) will in fact take that leave and will come back to work at the end of it ( Returning from leave). As a result, the employee does not need to notify her employer either of her intention to take AML or to return to work.
However, if she wants to return before the end of her AML, she must give her employer 28 days' notice. If she has not given 28 days' notice, her employer is entitled to delay her return until it has had 28 days' notice (unless her AML ends sooner).
Although there is nothing in the legislation preventing an employer from writing to the employee asking if she is intending to return to work there is no obligation on the employee to respond to such a request. In practice, the letter the employer is required to send to the employee confirming her return date ( Confirmation of return date) may prompt the employee to keep her employer informed of her intention to return (or not return) to work.
The notice period for early return form maternity leave is extended from 28 days to 8 weeks in relation to those employees whose babies are due on or after 1 April 2007.