Returning to work after Mat Leave

J-Scotland

Hi all

I was hoping someone could help as my HR dept are lacking to say the least!

I've been on maternity leave since last summer, and am due to return to work this summer after one year's mat leave

My job role involved a lot of travel in the UK, which often made for loooong days (14 hours or so from leaving the house to getting home wasn't uncommon). Obviously long days like that aren't going to fit into my new life as a mum.

My understanding is that I should be offered my old job back, unless this is not "reasonably practical" If it is not reasonably practical to offer me my old job back, i must be offered a job that is suitable for me and appropriate in the circumstances, on the same terms and conditions as my old job.

Question is.....does this just mean if it's practical for the employer? Or does it still apply if my old job is not reasonably practical for me? I am happy to continue working for the company, but would want an office based role

I also hope to go back part time.

Thanks in advance for your helpful responses!

fluffnutter

You have no rights to a different role simply because you chose to have children and your old job no longer suits your lifestyle.

However, as a parent, you do have a right to ask for flexible working hours and your employer must consider this realistically and have a sound business reason for turning down your request.

In practice then, a flexible working request would effectively mean you're requesting a different role and your employer must give this consideration. It's in your employer's interest to have happy employees so, unless there is a business reason, your request should be met favourably. If your request is refused you can challenge this.

Another thing strikes me... why didn't you sort all this out before you left on maternity leave? Or at least have a conversation with your manager about it? It would have been obvious then that a 14 hour day wouldn't be compatible with a small child and the more notice you gave your employer to make alternative arrangements, e.g. train someone else to step into your shoes, find a new role for you etc. the better things would have been.

It's give and take, isn't it? New parents have needs that should be taken seriously. And so do businesses.

valk_scot

Yes, you have the right to request this. You don't have the right to insist on it if it's not practicable for the employer to accomodate your request. And as has been said above, the more notice you give your employer as to what you want the more chance they have to come up with a workable solution that suits both of you or, if they can't accomodate you, for you to look for another job! So better get on with it...requests like this should be put in writing btw, with a copy kept for your own records. And keep a note of any telephone discussions.

jackomdj

When I went back to work (DD is 8 now so a few years go) I knew my old role would not work for me. so I spoke to my then manager and told him that I wanted to come back part time, fixed hours and I knew that would not be possible in my current role. I said that I would be happy moving anywhere within head office that could accommodate my request. He went away, came back a few days later with a role in another section of finance. Although I did not like the Sound of the role I went for a meeting with the department manager, told him my background and he had a perfect role for me.

7 years on, I have had another baby (now 6), I have done various hours, 2 1/2 days initially, then 2 long days once dd2 arrived (to save crèche fees), then 3 days once both at school, now doing 4 days and a new role.

So they can accommodate you as long as they are able to. Within our company they expect you to put some solutions forward as to why they should agree to your flexible hours, but if you are good at your job it is usually done jointly with your manager.

Good luck

J-Scotland

Hi, thank you for your replies
Just before I went on mat leave my company was acquired by another and there was a lot of restructuring. So as of the time I went off I had a very temporary line manager, and my regional HR contact (who has since been made redundant) couldn't really advise until we knew how the new structure would look.

It's 4.5 months before I go back so hopefully we can find a mutually agreeable solution before then.

Thanks again!

rpc

You are correct that they must offer your your old job or a similar one if that is not practical.

If you wish to change your job, that is entirely at their discretion. You submit your request for flexible working and they can accept or deny this. If they deny it, your only choice (assuming the rejection is reasonable) is to take the job offered or resign.

"Practical" here applies to the employer. It won't always be possible to keep a job open for 12 months, so if you take any AML then they are allowed some flexibility to redeploy you. If they offer you a different job, the requirements are that it is similar to your old one and has at least the same pay - they can't demote you nor can they move you from office work to manual handling, for example. Your change in circumstances will not affect their options in offering you a different role.

I suggest asking for a friendly chat about your return to work. Sound out the options, then craft your flexible working request based on this.