Maternity - Dismissal and Resignation Issues
A woman has a right to return to work after maternity leave. If you, as the employer, do not allow a woman to return to work under such circumstances, she is deemed to be dismissed as at the expected date of return.
If a woman, without advising you, does not return to work after the expected date of return, you should investigate the position before assuming that she has resigned.
It is important to have well-documented maternity procedures so that the required notices can be given and all concerned are clear as to what is required of them.