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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48210
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi Can you advise if an employer has to hold the job position

Resolved Question:

Hi Can you advise if an employer has to hold the job position for a permanently employed woman who is leaving on maternity leave.
A friend has seen her current job advertised by her employee. Am i correct in thinking that whilst it may not be the same position that an employer has to keep a position for you on return from maternity leave.
regards
chris
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long is the person going off on ML for?

Customer:

Hi

Customer:

Hi she is looking to take 26 weeks off

Ben Jones :

If the employee takes Ordinary ML (up to 26 weeks) then she is guaranteed to return to the job she did before going off. It is only if she took Additional ML (6-12 months) that her job is not guaranteed on her return. The employer is free to get a replacement for the time she is off but once she returns, assuming she has only taken 26 weeks, then she would be entitled to return to her old job

Customer:

Thank you. Is it in order for the employer to advertise her current position as a permanent position.

Ben Jones :

legally they can do, as long as she is allowed to return to her old job. They may simply decide to remove the employee that was placed in that position when the time comes for her to come back to work

Customer:

Thank you ben for your help. Regards Chris

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