When you’re starting to drown between employee concerns, payroll duties and helping your CEO -- HR Insider is there to help get the logistical work out of the way.
Need a policy because of a recent regulatory change? We’ve got it for you. Need some quick training on a specific HR topic? We’ve got it for you. HR Insider provides the resources you need to craft, implement and monitor policies with confidence. Our team of experts (which includes lawyers, analysts and HR professionals) keep track of complex legislation, pending changes, new interpretations and evolving case law to provide you with the policies and procedures to keep you ahead of problems. FIND OUT MORE...
Answer for Changing Details of an Employee’s Maternity Leave

Serena: My colleague, Alan, has a slightly different take. Here’s his reply:
I’d argue against making this a separate contract, i.e. a separate employment. This might make it look like she has not returned from her maternity leave, i.e. quit which will affect her ability to claim EI in the future. However, there does need to be a written agreement that clearly indicates the failure to return to her existing position was at the employee’s request and that what she is asking for is a phased return to her old position. I’d rather emphasize that this is a bridge between the leave and her return, rather than a standalone new employment contract.
And I don’t see that a change in position or title necessarily leads to a new employment contract. It might mean a change in the terms and conditions of employment, but not a separate period of employment. If you treat the phased return as its own period of employment, then there will have to be another when the person finally does return to her old duties.
But your advice to consult a knowledgeable lawyer is also good.
Glenn again: Hope this helps and do talk to a lawyer before deciding what to do.