Returning to work after maternity leave, remotely

To return to work remotely after maternity leave, ask your employer in writing for a work-from-home or hybrid arrangement before your leave ends, explain why you need it, and show exactly how the job will get done from home. In Australia, eligible parents have a legal right to make that request and get a written answer within 21 days. In the US, there is generally no federal right to request remote work, so you lean on negotiation, your FMLA job protection and pregnancy-related accommodations. If your old job won’t flex, a new remote career is a real option, and the She Sells team (in Australia and the US) helps mums (moms in the US) make that switch into remote sales.

This guide covers the return itself. For what a home-based week with little ones looks like, see working from home after having kids.

Your rights at a glance: Australia vs the US

The two countries handle this very differently. This is general information, not legal advice, so check your own award, contract or state law.

Topic	Australia	United States
Right to ask for flexible or remote work	Yes, under the National Employment Standards, if you’ve worked for the employer for at least 12 months and care for a child who is school age or younger.	No general federal right to request flexible hours or telework for caregiving. Some states and cities have their own laws.
Employer’s response	In writing within 21 days. Can only refuse on reasonable business grounds, after discussing it with you.	No federal deadline or process. It’s a negotiation unless an accommodation law applies.
Getting your job back	Entitled to return to the job you had before leave, even if someone has been covering it.	Under FMLA, restored to the same or a virtually identical position (if you’re eligible).
Staying connected during leave	Up to 10 paid keeping in touch days, by agreement, which can include remote work.	No federal equivalent.
Feeding and pumping	You can’t be discriminated against because you’re breastfeeding.	PUMP Act: break time and a private space to pump for up to one year after birth, including for teleworkers.
If it goes wrong	Fair Work Commission can help resolve flexible work disputes.	Department of Labor (FMLA, PUMP Act) or the EEOC (pregnancy accommodations).

Australia: how the flexible return works

Who can ask

The Fair Work Ombudsman says full-time and part-time employees can request flexible working arrangements if they’ve worked with the same employer for at least 12 months and are the parent of, or care for, a child who is school age or younger. Flexible arrangements specifically include changes to your hours, your pattern of work (like job sharing) and your location, for example working from home.

What your employer has to do

Your request must be in writing and explain the reasons for the change. Your employer then has 21 days to reply in writing. They can only refuse on reasonable business grounds, such as cost, a significant loss of productivity or a significant hit to customer service, and only after they’ve discussed it with you and genuinely tried to find an alternative. A refusal has to explain the reasons, say what other changes they’d be willing to make, and tell you about getting help from the Fair Work Commission.

Your job is protected

Fair Work says an employee coming back from unpaid parental leave is entitled to come back to the job they had before going on leave, even if a replacement is doing it. If your job no longer exists or has changed, you have to be offered a suitable available job. That protection covers your old arrangement, though. Working from home is something you ask for on top of it.

Use your keeping in touch days

Keeping in touch days are a clever, underused tool here. By agreement, you can work up to 10 of them in your first 12 months of unpaid parental leave, you’re paid as normal, and Fair Work notes they can include remote work. Doing a couple of them from home before you return is a low-stakes trial run that proves the setup works. One catch: a part day counts as a full day off your balance, and if you’re on the government’s Parental Leave Pay, check how the days affect your payments.

United States: what protects you (and what doesn’t)

FMLA protects your job, not your location

The Family and Medical Leave Act gives eligible employees up to 12 workweeks of unpaid, job-protected leave in a 12-month period for the birth of a child, and says you must be restored to the same or a virtually identical position when you come back. To be eligible you generally need 12 months with the employer, 1,250 hours worked in the 12 months before leave, and to work at a location with at least 50 employees within 75 miles. Bonding leave can be taken on a reduced schedule only if you and your employer agree, which is a handy way to ease back in.

What FMLA doesn’t do is give you a right to work from home. Workplace advocacy group A Better Balance puts it plainly: no federal law gives you an affirmative right to a flexible schedule or telework for caregiving, although a few states and cities have schedule-request laws.

The Pregnant Workers Fairness Act can open the door

If you have a physical or mental limitation related to pregnancy, childbirth or a related condition (the EEOC includes lactation and postpartum depression), the Pregnant Workers Fairness Act requires employers with 15 or more employees to provide a reasonable accommodation unless it causes undue hardship. Telework is one of the EEOC’s listed examples. This isn’t a general “I’d like to work from home” right, but if remote work genuinely helps with a postpartum limitation, name it and ask.

The PUMP Act applies at home too

The Department of Labor’s Fact Sheet #73 says covered employees get reasonable break time and a private space (not a bathroom) to express breast milk for up to one year after birth. Teleworkers are eligible on the same basis, and must be free from observation by any employer-required video system while pumping (so cameras off, no questions asked). Breaks must be paid unless you’re completely relieved from duty. Employers with fewer than 50 employees are exempt only if complying would cause undue hardship.

How to frame your remote return request

The request that gets a yes is the one that makes it easy for your manager.

1. Start early. Raise it four to eight weeks before your return date, so there’s time to talk, trial and adjust. In Australia, remember the 21-day response window.
2. Be specific. “Working from home Monday to Wednesday, in the office Thursday, finishing at 2:30 for pick-up” beats “more flexibility”.
3. Lead with the work, not the kids. Give your reason honestly (it’s caring for your baby, and in Australia you need to say so), then spend most of the letter on how your duties, meetings and deadlines will be covered from home.
4. Pre-empt the worries. How will people reach you? What hours will you be online? How will childcare work during core hours? Answer before they ask.
5. Offer a trial. Suggest a 6 to 12 week trial with a review date. It lowers the risk for them and gives you a chance to prove it.
6. Keep a written trail. Put the final agreement in an email, even if you discussed it in person.

What to do if the answer is no

A no isn’t always the end of the conversation.

• Ask what would work. Two days at home instead of four? Remote for a three-month transition? A counter-offer is still flexibility.
• Check the reasons (AU). If the refusal doesn’t give reasons tied to real business grounds, or you never got a written reply within 21 days, you can raise a dispute with the Fair Work Commission, which usually starts with conciliation.
• Check your accommodation rights (US). If remote work relates to a pregnancy or postpartum limitation, ask again under the PWFA. If you’re denied pumping breaks or space, contact the Department of Labor.
• Get advice. In Australia, the Fair Work Infoline is 13 13 94. In the US, the EEOC and your state labour department are starting points.
• Consider whether the job still fits. Sometimes this role just won’t work for this season of your life. That’s not failure.

Plan B: a new remote career when your old job won’t flex

Plenty of mums use the return to rethink their work entirely. Remote sales is one path worth a look because the work is genuinely done from home, often in call blocks you can schedule around naps, daycare and school runs. Appointment setters start conversations and book calls; closers run the sales calls. Our guide to what remote sales is explains the roles, and appointment setter jobs from home covers the gentler entry point.

Here’s the honest bit. Many remote sales roles are commission-heavy or commission-only, which means you earn when you sell, and results take time to build. Leaving a salaried job straight after maternity leave for a commission role is a big decision, so many women start part-time alongside their return, or while still on leave, before making the switch. My own first month in remote sales in 2020 brought in $440. That’s my result, not a typical one, and it’s a good reminder that most people build up slowly.

I started as a primary school teacher in a small town, so I know what it’s like to come in with no sales background. If you’re starting from scratch, read how to get into sales with no experience. And watch for red flags: a legitimate employer pays you to work; they don’t charge you to take the role, and your income shouldn’t depend on recruiting other people.

She Sells covers both halves: learning the skill and getting hired. “She Launches” is the foundation program with live coaching, role play and frameworks. “She Soars” is the career program through the She Sells Cert III in Remote Sales, and once you’re certified, our recruitment team works with you to land a role within 90 days, or your money back. You can see the details on our programs page or read the FAQ.

Frequently asked questions

Can my employer refuse to let me work from home after maternity leave?

Yes, but in Australia only on reasonable business grounds, in writing within 21 days, and after discussing the request with you and genuinely trying to find an alternative. In the US, most employers can refuse unless an accommodation law such as the Pregnant Workers Fairness Act applies or a state or city law gives you extra rights.

Do I have to tell my employer why I want to work remotely?

In Australia, a formal flexible working request must be in writing and explain the reasons for the change, so you’ll need to mention your caring responsibilities. In the US there’s no set format, but being clear about what you need and how the work will get done usually makes a yes more likely.

Can I do keeping in touch days from home?

Yes, if your employer agrees. The Fair Work Ombudsman says keeping in touch days can include remote and in-office work, you’re paid as normal, and you can take up to 10 in your first 12 months of unpaid parental leave.

Do I get pumping breaks if I work from home in the US?

Yes. The Department of Labor says teleworkers are eligible for PUMP Act breaks on the same basis as other employees for up to one year after birth, and must be free from observation by any employer-required video system while pumping.

Is remote sales a realistic option after maternity leave?

It can be, especially if you want flexible, home-based hours, but many roles are commission-heavy and results take time. Many women build the skill part-time first, so they aren’t relying on new income straight away.

Results vary. Nothing here is a promise of income. See our earnings disclaimer.

Keep reading

• Sales closer interview questions (and how to answer them)
• Commission-only sales jobs: the honest pros and cons
• A day in the life of a remote closer
• How to make money from home as a mum