Returning to work after maternity leave

irinaE

Hello everyone,

I want to get back to work early, before i finish my maternity leave, so i need some advice regarding my rights? I work in this place for over 7 years and i am head of department. I would like to go part time 30 hours per week, normally i have to do 40 ( or more) and i am on annual salary. If they accept part time of 30 hours, later on can i go back on 40 again? In the same time i don't want to loose my years if they decide to make me redundant, so should an addition to my contract not a new one? I would be grateful for any help Thank you!

marybelle01

It would be an "addition" - actually a variation - to your contract if they agree. But I don't think you have an automatic right to go back to full time hours when and if you want to - I think that it has to be a new variation and the employer also has to agree.

irinaE

Thank you,
i have worked non stop all my life and new mum so need lots of info. So hard to decide without it. My first thought was to go back full time, and reduce my hours after, but i lie my self because i know i cant care properly for my son with a full time job( working evenings til 11 etc).

Aryndeneth

As the parent of a child under 16, you have the legal right to request flexible working. Flexible can mean varying your pattern of hours or the number of days/hours you work each week. Note that the legal entitlement is only to request the change, you are not legally entitled to the actual change. The employer must consider your request fully and only turn you down if there is a genuine business reason they can't accommodate your request.

The sooner you give your employer notice of wanting this change, the more time they have to consider it and make reasonable adjustments to cope with the impact of the change before you return.

You can request flexible working at anytime up to your child being 16 (18 if the child has a disability). You don't have the automatic right to return to your previous hours if you decide you no longer want the flexible working pattern (unless you agree this return in advacne with your boss and, if you do, make sure it's in writing)

Aryndeneth

You might find this useful. http://www.direct.gov.uk/en/Employment/Employees/Flexibleworking/DG_184569

getmore4less

continuity of service will apply but any redundancy would be based on the new hours, so could be less than before.

you need a sensible proposal for the emloyer to consider reduced hours.

If you were struggling to do the job in contracted hours before how are you going to do it in 30hours?

I think this will need more than a change of hours to be viable proposition for the employer it may require a change of role, job share, something more.


What was the cover situation while you were off.

Did you tae all th holiday before the maternity or did you save some for after, spreading the holiday over a few weeks might achieve some of your goal.

irinaE

It was no cover while I am in ML, they choose to share the job to my team, even if they struggle as it is. I am a head chef so I think as you said, they might refuse me because I can say my self, I need to be there at busy times, and can not be head if I am not there as much as the business requires. You gave me something to think..thank you

If I apply for 30 hours, and they refuse me, then I get back on my normal as before of 40 plus, or my application of 30 can affect my return? Lots of questions..

I do prefer to get back full time to be able to afford a mortgage at one point..long way thinking

And not much holiday left..so no help there..

Pricivius

A flexible working request is a request to change your contracted arrangement. At present, you are on a full time contract and you will be asking to change to a part time contract. If they agree, your contract will be altered on a permanent basis. If they decline, your contract will stay the same - full time. Nothing else changes so your continuity is retained whatever happens.

A couple of points to note -

- The Flexible working request process can take up to 14 weeks from start to finish so you need to get it in as soon as necessary.

- You need to give 8 weeks' notice of an early return to work, although employers can be flexible if they want you back sooner!

- You can only make one Flexible working request every 12 months, even if it is refused. Therefore, be flexible during discussions and go through all the options. No point sticking rigidly to what you want because if they refuse, there's an appeal and then nothing. You don't get another shot at it.

- Your Flexible working request must include your assessment of how the new hours can and will work for the business. You have to give your view on the impact it will have and how it can be successfully managed. It sounds as though you are not convinced so you need to give this some thought.

- Technically, trial periods are not part of the flexible working process - you either change your contract or you don't. However, this does not stop you and your employer agreeing to a trial process before they make their decision so you can both see if this is going to work in practice.

getmore4less

irinaE wrote: »

It was no cover while I am in ML, they choose to share the job to my team, even if they struggle as it is. I am a head chef so I think as you said, they might refuse me because I can say my self, I need to be there at busy times, and can not be head if I am not there as much as the business requires. You gave me something to think..thank you
..

If they have managed(even if they struggled) while you were off then I would look carefully at your own style of management.

You say it required you to work excessive hours but they managed with you doing none by delegating.

I think if you looked carefully at the workload and delegate more you can manage the kitchen more effectively on say 40 hours and possibly less by being around at the critical times and taking time off when less busy.

Deligating some of the good bit also develops staff so you are better covered for sick holiday and more maternity.

Also by thinking this through you may be able to improve the efficiency and shift patterns for everyone, try to make this happen or it will look like you are only interested in yourself(even if you are pretend).

on return talk to everyone about how things went what the issues were, what went well, what people liked doing not like doing etc.

For the first few years the time you have with your little one can be anytime they don't know about weekends.