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Ending Maternity Leave Early

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Category: Have A Baby?
Forum Name: First baby? Second or more?
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URL: https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=36939
Printed Date: 26 August 2025 at 2:47am
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Topic: Ending Maternity Leave Early
Posted By: Bambino
Subject: Ending Maternity Leave Early
Date Posted: 02 December 2010 at 11:49am
Hi all,

I am trying to find out what the rules are around ending my maternity leave early (should I choose to do so).

I have requested 12 months off in the hope we will be able to afford it, BUT should we not be able to, if I want to go back to work in that period, can I?

I found some information online that said:

You can return to work early, or start your preference period early, if your child is miscarried, is stillborn, dies, or is adopted or cared for by someone else. You should write to your employer 21 days before the date you intend to return. You may also return to work early if your employer agrees. The employer may ask for a medical certificate if you wish to return early from maternity leave.

Does this mean: yes, I can if I give them 21 days notice in writing but only if they agree?

Thanks all for your help!
Bx



Replies:
Posted By: shadowfeet
Date Posted: 02 December 2010 at 12:32pm

Yea, you've got it right. They don't have to take you back  before your leave period is up, they may have hired someone fixed term to cover your workload so it's not practical for you to go back earlier etc.



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Posted By: UpsyDaisy
Date Posted: 02 December 2010 at 12:33pm


I think so. Is your manager nice would you feel comfortable just having a chat about it?

I imagine some employers may not agree to a person coming back early when they have employed another person for the period of the maternity leave.

My work I took the maximum leave my manager advised me to and also said that I could come back earlier if I wanted but obviously to come in and speak with her about it.

As it happens I have been looking for part time work now rather than that role.


Posted By: clover
Date Posted: 02 December 2010 at 12:36pm
My contract sates I can come back with 1 months notice. My replacement's fixed term agreement also states that it is a fixed term for paternity leave cover and can be terminated with 1 months notice.

Have a chat to your boss.

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Posted By: T_Rex
Date Posted: 02 December 2010 at 1:43pm
They don't HAVE to let you come back. That paragraph suggests they do have to, with 21 days notice, IF any of those things happen, but they aren't things you'd want!

That said, most employers are reasonably flexible. I applied for the whole year, but made it clear then that I would probably come back at 6 months. They were ok with that, and I did come back at 6 months.

I've also heard of it not happening - mostly where someone else has been employed in the meantime on a fixed term contract.

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Posted By: weeheebaby
Date Posted: 02 December 2010 at 1:45pm
it completely depends on what your contract says (and hopefully there is a clause in there about maternity leave).

I'd just give you boss a quick call or emal.

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Posted By: Kimnthekids
Date Posted: 03 December 2010 at 8:23pm
i just called up and asked if i could come back earlier than planned - and it wasnt a problem at all. I think i had to give a months notice.

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Posted By: Manda08
Date Posted: 03 December 2010 at 8:26pm
They dont have to let you come back, and i found that out last time, however i was very lucky my bosses allowed it, but they certainly dont have to. Hopefully your boss is good and easy for you to talk to.

Good Luck!

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