One of our staff is due to go on maternity leave later this year. The key pàrt of her role is quite specialist and we will not be bringing in a full time temp to cover for her. In order to be able to continue doing the specialist work she has asked whether she would be able to work on a part time basis from the month prior to her EDD until she gives birth and then following the statutory amount of leave after the delivery date (2 weeks during which she would not be allowed to return to work) to come back again part time (working from home). Our company offer 100% of salary for 5 months of maternity leave and 1 month at 90%. She is asking whether as she will in effect be working for the equivalent of 2 months of her “maternity leave” (accruing the days worked) whether she could then take that time as additional paid leave, ie. if she were taking ordinary maternity leave she would leave at the start of September and return at the beginning of March, whereas what she is suggesting is that she returns at the beginning of May. Her intention then would be to come back full time. Can anyone tell me whether this would be legal and where we stand and also how we would pay her during the additional 2 months if we were to accept her suggestion.
Many thanks
Irune Abando
Irune Abando

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