Maternity Protection of Employees Act, 1981

Right to suitable alternative employment in certain circumstances on return to work.

21.—(1) Where an employee is entitled to return to work in accordance with section 20 but it is not reasonably practicable for her employer or the successor to permit her to return to work in accordance with that section, she shall, subject to this Part, be entitled to be offered by her employer, the successor or an associated employer suitable alternative employment under a new contract of employment.

(2) The following provisions shall apply to a new contract of employment under this section:

(a) the work required to be done under it shall be of a kind which is suitable in relation to the employee concerned and appropriate for her to do in the circumstances;

(b) its terms or conditions relating to the place where the work under it is required to be done, the capacity in which the employee concerned is to be employed and any other terms or conditions of employment are not substantially less favourable to her than those of her contract of employment immediately before the start of her period of absence from work while on maternity leave or additional maternity leave.