How to Protect Employment Rights When on Temporary Leave

Temporary leave from work - whether due to maternity, paternity, adoption, shared parental leave, sickness absence or other statutory leave - should not compromise an individual's employment rights. UK law provides specific protections that safeguard job security, terms and conditions, and protection from unfavourable treatment while absent or upon return. This article explains what rights workers and employees have when on temporary leave, how those rights operate, key legal protections, potential risks, and practical steps to preserve and enforce these rights under English and Welsh law. The content is based on authoritative government guidance and current employment law frameworks.

1. Types of Temporary Leave Covered

UK employment law recognises multiple forms of temporary leave, including:

• Maternity and paternity leave
• Adoption leave
• Shared parental leave
• Parental leave
• Parental bereavement leave
• Sickness absence (paid and unpaid)
• Other statutory leave (e.g., neonatal care leave)

During most periods of statutory leave, employees retain key contractual and statutory protections.

2. General Rights While on Leave

Protection of Terms and Conditions

Employees on statutory leave generally continue to accrue and benefit from employment terms throughout their absence. This includes:

• Accrual of holiday entitlement
• Pay rises and improvements in terms
• Continuation of most contractual rights

These protections ensure that taking legally entitled leave does not disadvantage the worker compared with colleagues who remain at work.

Keeping in Touch Days

For family‑related leave such as maternity, adoption or shared parental leave, employees may work limited “keeping in touch” days without affecting their leave entitlement. For example:

• Up to 10 keeping in touch (KIT) days for maternity or adoption leave
• Up to 20 shared parental leave in touch (SPLIT) days during shared parental leave

Work on these days must be mutually agreed, and pay should be agreed before attendance.

3. Right to Return to Work

A core protection is the right to return to work once statutory leave ends:

• Employees returning from maternity leave, paternity leave, adoption leave or statutory shared parental leave generally have the right to return to the same job they held before their leave.
• Where the period of leave exceeds statutory thresholds (for example, more than 26 weeks for maternity), employers may offer a suitable alternative role if returning to the original job is not reasonably practicable, but this must be on no less favourable terms.

These protections prevent employers from undermining job security simply because an employee was on temporary leave.

4. Protection from Unfair Treatment

Redundancy Protection

Employees on qualifying family leave have extended protection in redundancy situations:

• If made redundant while on leave or within 18 months after birth or placement for adoption, the employer must offer a suitable alternative vacancy if one is available.
• These protections continue on return to work for a defined period, ensuring family leave does not prejudice redundancy outcomes.

Protection Against Detriment or Dismissal

Employees are legally protected from detriment or dismissal because they took, or planned to take, statutory leave. If dismissal occurs for a reason connected to leave, this may be automatically unfair and could also give rise to discrimination claims (for example, maternity discrimination).

Anti‑Discrimination Rights

While on leave, employees are protected by the Equality Act 2010 against discrimination on protected grounds such as sex, pregnancy and maternity. Any unfavourable treatment because of leave could be unlawful discrimination and subject to tribunal claims.

5. Sickness and Other Leave Rights

Sickness Absence Protections

If a period of temporary leave is due to sickness:

• Employees may be entitled to Statutory Sick Pay (SSP) provided eligibility conditions are met.
• Employers must follow a fair process in any capability or dismissal decisions associated with long‑term sickness, particularly where the sickness qualifies as a disability.

Other Temporary Leave

Leaves such as parental bereavement leave, neonatal care leave and unpaid parental leave also attract protections that prevent disadvantage because of taking such leave.

6. Enforcement and Legal Remedies

Raising Concerns with Employer

If your rights are not respected during or after leave, begin by formally raising the issue with your employer, ideally in writing, referencing applicable rights and how they have not been upheld.

Employment Tribunal Claims

If employer actions breach statutory rights (for example, refusal to allow return to work, unfair dismissal connected to leave, or failure to offer alternative roles in redundancy), an employee can pursue claims at an Employment Tribunal. Tribunal claims generally need to be presented within three months less one day of the act complained of.

Acas Early Conciliation

Before a tribunal claim, employees typically must notify Acas and engage in Early Conciliation, a mandatory step aimed at resolving disputes without formal litigation.

7. Practical Steps to Protect Your Rights

Check Your Status and Entitlements
Confirm whether you are an employee or a worker. Some statutory protections (such as the right to return to work and redundancy protection) apply only to employees.

Provide Timely Notices
Follow statutory notice requirements for the relevant type of leave. For example, sufficient notice is required before returning early from maternity leave or arranging shared parental leave so that employer obligations and return‑to‑work rights are triggered.

Maintain Records
Keep copies of all correspondence, notices and agreements relating to temporary leave and communications with your employer about return to work, redundancy discussions or changes in terms.

Seek Advice Early
Obtain independent advice from sources such as Acas, Citizens Advice or legal specialists promptly if you believe your rights are at risk.

8. Common Questions

Can my employer change my terms while I am on temporary leave?
Any unilateral changes to contractual terms during leave may be unlawful without consent or legitimate business justification. If terms change in ways that disadvantage you as a result of leave, you may have grounds for a claim.

What if my role is structurally redundant when I return?
Employers must follow fair redundancy procedures. When a role genuinely ceases to exist, the employer should offer a suitable alternative role where available, especially for employees recently on statutory leave.

Does earning SSP affect return rights?
Receiving SSP while on sickness absence does not affect your right to return to work or other statutory protections, though contractual sick pay may vary based on your contract.

Key Takeaways

When employees in England and Wales take temporary leave - whether for family, sickness or other statutory reasons - multiple legal protections safeguard their job, terms and conditions, and fair treatment. These include the right to return to work, continued accrual of benefits, protection from detriment and redundancy safeguards. Workers should understand their status, comply with notice requirements, keep clear documentation, and use formal grievance and tribunal processes if rights are breached. Enforcing these rights helps maintain security and fairness for employees balancing work with life's temporary absences.