Returning to work after Maternity Leave, holiday question.

emma-uk

I hope someone can help me before I go back to my HR department. I am due to return to work on Dec 21st after 9 months maternity leave. I previously worked Mon - Fri 9 - 5. I am now going back 4 days a week, 9 - 5 with Fridays off. I am using holiday that I have yet to use this year to extend my cover leave till mid Jan. I asked HR to re-calculate my holiday given Christmas Eve is a 1/2 day in my company and Christmas Day and New Years Day fall on my day off. (appreciate it's pro-rota'd and may only be a few hours) HR have emailed me this morning saying that there is no change as they are putting me back on payroll Full Time, 5 days a week, until I actually return to the office. Can they do this? This would mean returning to work earlier than anticipated as I have calculated my actual return date given a 4 day week.

brians_daughter

i am no expert but ahve been on mat leave twice lol.

As far as i know you are not automatically entitled to return 4 days a week, you can however request flexible working and this needs to be passed off or refused with reasons given if refused ie business needs etc.

If you have already been granted a 4 day week with a start date attached to this then you should be paid for 4 days a week from the agreed start date.

If you have not applied, or not been granted a 4 day week then i feel your employer is 'right' to put you on a 5 day week (for payroll purposes) as no change of contract has been granted or begun. iykwim?

Have you applied formally for flexible working via HR and have you had a response granting your request? What is the start date they are allowing the 4 day week to commence?

MAYBE YOU NEED TO CLARIFY THIS WITH THEM?

As i say i am no expert, but this is how i understand it - i am sure someone will be along to correct me if i am wrong.

Have you tried ACAS? They should be able to assist quickly and today

emma-uk

Flexible working was agreed yesterday, just waiting for confirmation of the new hours in writing. The email from HR stating they were applying my holiday on a 5 day week basis came as a result of the meeting where 4 days a week was granted as I questioned what would happen with the B/H over xmas and NY. :rolleyes: I dont want to go back to HR and say it's not right when they can do this and I look like an idiot;)

brians_daughter

The 4 day week should start from the start date that will be on the letter that they send out to you.

Maybe await the documentation then call /email and say 'i do not understand how, if from x date i am contracted for 4 days a week why i am going to be paid for 5' I would play dumb and question it that way. or email today and say 'as we have decided i will be working a 4 day week from x date i am struggling to understand why i am being paid 5 days holiday for weeks x to x. Would it be possible to pay my holiday pay at 4 days a week from the agreed start date therefore giving me a return to work date of x'

If thh agreed 4 day week satrt date is the day you return to work then they are right to pay you 5 days holiday pay a week upto that date.

Also, bear in mind if you are going down to 4 days then holidays will be pro rata as well.

How soon does it mean you will return? If its a week or so when do your holidays run to and from? If its Jan to Jan could you simply book additional leave and tag onto end of this years leave?

emma-uk

I'm going to wait for the confirmation letter to arrive and see what they have down as my official start date. If it is the 21st then I will do as you say and ask why I'm being asked to use 5 days holiday for a 4 day week. Whilst the wage packet would be nice the extra week with my son would be nicer!!