I have an employee who will be returning from mat leave. I understand that if she wants to come back early, she must provide us with 4 weeks written notice is that correct? There is also the possibility that she only wants to come back part time hours instead of the full time position she left. Are we obligated to take her back early and can we have her sign a document statement it was her choice to reduce her hours?

Yes, strictly speaking, an employee is obliged to provide at least 4 weeks of advance notice, in writing, of any change in the date her leave is to expire. Upon expiry of her leave, you are obliged to reinstate her into her pre-leave position - if this pre-leave position was a full-time position, you are not obliged to reinstate her into a part-time job. However, if you are agreeable to returning her into a part-time role, you can ask that she sign a document confirming that the reduction in hours was her choice. However, caution is advised in terms of drafting and presenting this document as you want to make certain it cannot be misinterpreted (and it may be that such a document can benefit your business in other ways, properly drafted); we recommend that you seek/obtain legal advice prior to issuing any such documentation.