Returning to Work After Maternity Leave: Can I Go Back Part-Time?

Returning to work after maternity leave can be a fraught transition for many women. It often comes with feelings of guilt about leaving their child at home and fear of not being able to perform at the same level as before.

As one way to balance work and childcare responsibilities, many moms explore alternative arrangements like part-time employment. But the big question is: Can you negotiate a flexible return to work after maternity leave?

The answer, unfortunately, isn't straightforward. Some employees may need to rely on their company's policy rather than federal laws. We consulted Peter Rahbar, an attorney and workplace legal expert, to clarify this and other common questions related to working moms' rights in the U.S.  

Flexible work after maternity leave: What the law has to say?

In the United States, maternity leave is considered a benefit, not a right. This means there's no federal law mandating employers to offer maternity leave, let alone dictating what options are available after that leave ends. Conditions can vary from company to company and also depend on state laws.

The Family and Medical Leave Act (FMLA) is the sole labor law that addresses maternity leave, but there are eligibility requirements. “It only requires employers with more than 50 employees to provide up to 12 weeks of unpaid, job-protected leave to employees for the birth of a child, or placement of a child with an employee for adoption or foster care,” Rahbar says.

After the 12 weeks, the employee must be re-onboarded to the same role as before—or to an equivalent position, he explains. Certain states and cities, like the District of Columbia, extend this time beyond 12 weeks, and some even offer paid maternity leave.

Are there any exceptions?

As mentioned earlier, maternity leave in the U.S is treated as a benefit, so any arrangement beyond what the FMLA stipulates is up to the employer. “Except in the instance where a disability or other qualifying health condition may exist as a result of the pregnancy,” Rahbar notes.

“If a flexible work arrangement is needed due to a disability or other legally protected cause, the employer must engage in an interactive process with the employee to determine whether the accommodation can be provided, and if not, what other accommodation can be provided instead,” he says.

On the hunt for flexible work options? Here's how to find the employers that offer them

Intermittent parental leave under the FMLA 

If your employer can legally deny a request to work part-time or with flexible hours after maternity leave, what are your options? The Family and Medical Leave Act does provide the possibility of not taking the whole 12 weeks at once.

“New parents can decide to use their FMLA or other parental leave on an intermittent basis during the first year after their child’s birth or arrival,” Rahbar says. This means that the 84 days can be divided and used throughout the year, allowing more flexibility in scheduling.

For instance, if you return to work 60 days after your child is born or arrives, you'll be able to use the remaining 24 days when it is more convenient for you and your family—keeping in mind that this option is only valid in the child's first year of life, adoption, or foster care.

How do I ask for flexibility after maternity leave?

“If flexible work arrangements are needed, in accordance with applicable law, you should consult your employee handbook to determine the appropriate process for requests,” Rahbar says. Your contract or onboarding materials should provide the information you need.

Depending on your company's policy, you might have the option to negotiate going back part-time or working from home, for example. Just remember that under U.S. laws, it's ultimately up to the employer to decide what benefits are going to be offered to new parents.

If you find out that a new arrangement is possible, our advice is to send an email asking to schedule a virtual meeting before your return date. If a virtual meeting is not possible, then you should schedule it for your return date and speak with the decision-makers in person.

Could you simply send an email? Yes, but given the seriousness of the matter, it's better to have a live conversation. This is especially important because you're likely to have to negotiate terms and conditions, and perhaps even revise your contract. 

Return to work after maternity leave: Email example

Still not sure about how to request flexible working after maternity leave? We're here to help you get the conversation started. When writing your email, keep a professional tone, express your enthusiasm about going back to work, and give a brief overview of what you'd like to discuss. 

For sake of illustration, here's an example: 

Subject: Return to work after maternity leave - Sarah Smith

Dear Mr. Thompson,

I hope this email finds you well.

I'm writing to inform you that I will be returning to my role as a Marketing Assistant on June 20, 2024. As you're aware, I left for maternity leave on March 20, 2024.

I'm excited to return and would like to schedule a meeting with you on my return date to discuss the possibility of a new work arrangement moving forward, as well as any recent procedural changes. Would you be available?

Please let me know what date and time would work best for you. Thank you in advance.

Best regards,

Sarah Smith

A final word

Regardless of the outcome, remember that you can only expect what's in accordance with the law. If you can't return to work after maternity leave with flexible hours, don't feel guilty. You're not a bad mom for deciding to have a career. You're also not a bad professional for seeking alternatives to balance motherhood with your career. You’re entitled to work as much or as little as you need and want to—and to ultimately find a job with an employer that will respect and work with your needs.