Can an Employer Waive the Eight Weeks’ Notice Requirement to Return to Work Early from Maternity Leave?

An employee who is seeking to return to work before the end of her additional maternity leave (AML) must give the employer at least eight weeks’ notice of her intention to return early.

However, it is for the employer to decide whether it wishes to enforce the eight-week notice requirement if the employee attempts to return to work earlier than the end of her AML period. There is nothing to prevent an employer from agreeing to the employee’s early return to work on less than eight weeks’ notice, if that is mutually convenient. The employee is not permitted, however, to insist on it.

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