BAck to work after maternity leave pls help

abby35

Im due to start work again in my nursery in march after coming of maternity leave. However the new head is saying that i cant do my original times as they need more staff in the afternoon. (I used to work Mornings).

Can she do this? As to be honest i dont really care what her issues are regarding staffing as far as im concerned i was doing mornings before i went on maternity and that is what i would like to stick to. Also the fact that i dont want to totally upset my 7mth old babys routine and force her to sleep for two hours in the afternoon because that is what they do.

archiesdad

According to the direct gov site you are entitled to return to work under the same terms and conditions before you left work after ordinary maternity leave. I think they can only ask you to change if you have asked to reduce your hours or aren't returning to work for the same job.

mikey72

How long have you been off for?

" When you go back to work after OML (the first six months of maternity leave) you have the right to return to your old job on your old terms and conditions. When you go back to work after taking some AML (any part of the second six months of maternity leave) you have the right to return to your old job on your old terms and conditions unless it is "not reasonably practicable", in which case your employer must offer you a suitable alternative job on similar terms and conditions. "


However


"Employers can reorganise the workplace from time to time. If a reorganisation has resulted in minor changes to your work it may still be considered the same job. "

Anihilator

It depends whether your original contract stated mornings or made you variable between mornings and afternoons.

abby35

This will be the 2nd half of maternity, but its with the local council so i should have more rights i thought.

Originally i was doing 35 hours (2yrs ago) then i changed it to 17 hours Year and a half ago which when changing i put in writting i wanted mornings which i got so thats why im shocked she is trying to change it.

I spoke to my old boss before she left and she confirmed to me that i was to return for the mornings and if i wanted i could have my whole 35 hours back as that was my original contract. It was put in the diary for the meeting i had today with the new boss.

God with all this stress i can see why parents dont go back to work.

Savvy_Sue

the local council may go above and beyond the legal minimum: I know when I took my first M/L it was with a university, and they would usually return you to your original job (if you wanted it) even though that wasn't a legal requirement back then.

However, you may have to push to go back mornings only, because if other people have been employed on permanent contracts in your absence, then the current manager may not want to shunt them around to accommodate you.

I'd get in touch with HR and see what they say.

jdturk

abby35 wrote: »

This will be the 2nd half of maternity, but its with the local council so i should have more rights i thought.

Originally i was doing 35 hours (2yrs ago) then i changed it to 17 hours Year and a half ago which when changing i put in writting i wanted mornings which i got so thats why im shocked she is trying to change it.

I spoke to my old boss before she left and she confirmed to me that i was to return for the mornings and if i wanted i could have my whole 35 hours back as that was my original contract. It was put in the diary for the meeting i had today with the new boss.

God with all this stress i can see why parents dont go back to work.

I very much doubt you could ask to go back to a 35 hour contract as you changed your contract to 17 hours which is the current contract.

Savvy_Sue

jdturk wrote: »

I very much doubt you could ask to go back to a 35 hour contract as you changed your contract to 17 hours which is the current contract.

Well, the OP could ask, but I don't think legally you have the right to go back to a f/t contract if you were on a p/t one when you took your M/L.

Previous manager may have SAID she would be able to, but legally I'm not sure it would be enforceable.

I believe that if you ask for Family Friendly hours, you don't have the right to go back to 'normal' hours if your situation changes.

abby35

I only want to stick to my 17 hours which isnt a problem. I just want it to be mornings. They had someone for my maternity leave so rightly they can shove them around to a different shift. They were taken on based on my maternity.
I know i sound terrible but at the end of the day if i cant get the morning im unable to return to work which will not only drive me mad but i will become just another unemployed number claiming benefits which i havent done and really dont want to.

doodlesmum

Hi there,

I have been on maternity leave twice while with my present employer and have gone back to my old job both times as far as i am aware they have to keep your old job open for you to return to.
Have you given ACAS a ring they will be able to give you the advise you need
Good luck.

Doodlesmum.

midnight_ninja

You should be allowed to return to the job you left , and if you have your change of hours to mornings in writing its only going to support your claim , basically tell them you know your rights and you'll take it further if you cant return to the job you left