Returning to old job after sick followed by maternity leave

homerdog

My daughter is due to return to her old job after being on maternity leave since last September and sick since roughly May 2011. The company employed a temp in that time. She requested to go back for 3 full days and they come back saying they wanted her in the office every day but she could do reduced hours, she wrote back saying she'd do 3 full days and 2 half days, they seem to be dragging their feet on getting back to her on this, she due to have meeting sometime next week but they still haven't let her know when and she has to organise childcare at short notice in the school holidays. Any one have any idea if they have to take her back and on what terms?? Practical advise needed in a hurry PLEASE!!!!!!!!

Sambucus_Nigra

Has she picked up the phone and spoken to anyone about this? When is her return to work date?

McKneff

She can ask for less working hours but the company can refuse on the 'business needs' unless she can negotiate then she has to do as she is told or resign.

getmore4less

Depend if she has done extended maternity or not.

same job same terms is the starting point for negotiations

What has happened to the accruied holidays, have thye been taken yet.
It is good practice to take them immediately

homerdog

She hasn't yet got proper return to work date as her return terms haven't been agreed, the company suggested reduced working hours each day and she has now agreed to this, she even ready to agree to go back full time, they seem to be very slow in replying to her. Yes she phoned them today over a problem with her holiday pay from last year not being paid in after they promised it would go in today, it took them ages to get back after denying they agreed to do this, they finally agreed after she forwarded an email they sent her. They said the director is dragging his feet over arranging the meeting.

homerdog

I'll pass this on and speak to her again tomorrow, thankyou all.

homerdog

Basically, if she agrees to what they want do they have to keep her on?

getmore4less

homerdog wrote: »

She hasn't yet got proper return to work date as her return terms haven't been agreed, the company suggested reduced working hours each day and she has now agreed to this, she even ready to agree to go back full time, they seem to be very slow in replying to her. Yes she phoned them today over a problem with her holiday pay from last year not being paid in after they promised it would go in today, it took them ages to get back after denying they agreed to do this, they finally agreed after she forwarded an email they sent her. They said the director is dragging his feet over arranging the meeting.

She accrues holiday(including BH) while sick and on maternity, it carries over the holiday year and should be taken.

They should not be buying out the statutory holidays.

They can buy out the extras over 28days

getmore4less

Would the temp be interested in a job share?

Note they can change their minds later, so if the reduced hours was not working they could go back up to full time.

the problem with reduced hours every day there is the issue og hours drag where they encourage her to stay extra.

Get the overtime agreement in place and try for holiday accrual for extra hours upto full time.

ktothema

What are they turning down your daughter's requests based on? It has to be one (or more) orr these reasons, not just "business needs"


burden of additional costs
detrimental effect on ability to meet customer demand
inability to reorganise work among existing staff
inability to recruit additional staff
detrimental impact on quality
detrimental impact on performance
insufficiency of work during the periods the employee proposes to work
planned structural changes

Although these do cover most business needs, it cants just be a blanket "business says no"

homerdog

When she had a meeting with the directors of the company she expressed her wish to go part time, (3 full days) they wrote to her after 4 days saying this would be detrimental to the company and they needed her in the office 5 days but would accept her on reduced hours. They initially said if she reduced her hours these would become her permanent hours and would not be open to change at a later date. They seemed to agree to 5 shorter days and said if she couldn't do this she would have to leave. She wrote back asked if it was possible to do 3 full days and 2 half days. They received her letter and e mailed her saying they arrange a meeting for w/c 30th July, she hasn't heard yet when this is and the secretary said the director is dragging his feet on this, the temp has now been working in the office longer than my daughter did before she had to go on sick leave due to hyperemesis during her pregnancy, she went on to have her little boy 11 weeks early and has been on maternity leave since 22nd September last year. She's due to go back the third week of August and they still haven't confirmed her hours. Everything seems to be getting confused and she is distraught and depressed and we're all worried about her. I think she's coming to the end of her tether with it all. Apart from this she had no time off sick but was only there 81/2 months before she became to ill to work. She's worried they are trying to force her to quit in favour of the other woman.