Page 31 - BOSS Today Issue 15

HR

getting to griPs

With aML

Dealing with employees returning to work after the extended period

of maternity leave known as AML has its own issues

dditional maternity
leave (AML) is the term
agiven for the second
period of 26 weeks all new
mothers are allowed to take off
work. When they finally return to
work, the most frequently used
reasons employers give for not
being able to accommodate
them include:
a) they think that the
replacement performed
better than the returning
employee
b) the company is undergoing
a redundancy consultation
process and the returning
employee’s position is going
to be made redundant
c) it’s simply not reasonably deal with employees returning return to their contractual role (where possible) before you offer
practicable for the returning from AML. Pregnancy and then you should. But if this is such a role to other employees.
employee to remain in the maternity discrimination does not “reasonably practicable” the The new contract of
role she had before she went not by law require comparators employee should be allowed employment must:
on maternity leave for discrimination to be to return to “another job, which
established, so that rules out the is suitable for her to do in the a) be suitable and
That may be their view, but the possibility of comparing one circumstances”. appropriate for her to do in
law is clear: where an employee situation with another. Ideally this means the role the circumstances
can return to the same role (with So, you might ask, where you should be offering is on
the same terms and conditions) exactly is it not reasonably similar terms and conditions as b) not be dissimilar to the
as they had before they went on practicable to allow a returning the previous role, with the same original contract in terms
maternity leave they should be employee to return to their level of seniority and pensions of seniority of the role, pay
allowed to do so. That applies contractual role? rights the employee had before and place of work and other
even if the employer feels the While an employee returning her period of AML. contractual benefits that
temporary replacement is to work after Ordinary Maternity she may have been entitled
performing a lot better than the Leave (OML) must in all cases redundancies to (such as a pension or any
returning employee. be allowed to resume their Where you are in the process health benefits).
contractual role, the rights of of making redundancies, the
What to do those returning after AML are law requires that you provide n For more inFormation,
Employers, however, may still be slightly different. If you are the returning employee with a contact your BoSS Hr
puzzled about how they should able to allow the employee to suitable alternative employment adviSer on 0845 450 1565.

December 2012/January 2013 | BOSS TODAY 31

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