matrnity leave and returning to work

dooj

i have decided to take additional maternity leave from work and have already informed my employer. i have also requested to go back to my previously full time job on a part time basis. I have had a reply from me employer aknowledging my request and saying that they have not yet made their mind up yet if i can go back part time. What i want to know is does anyone know how long they have to decide, i gave my written request to them at the begining of april and recieved the aknowledgement letter 2 weeks ago. It is difficult toknow what to do. If they agree to me going back part time i would start on october the first. what is the legal postion as i dont want to wait until the end of september for them totell me know then be ina position of having to start tolook fo work.
Can anyone help

Justie

I think now you have to give them 2 months notice but not sure if they have to give you the same or still only 1 month. They don't have to agree to your request but they do have to give you good reason if they refuse. It may be worth having a plan for if they say no or say yes but... could you work a couple of long days and have a day off in lieu etc etc. In all likelihood they'll offer you part time as it's in their best interests. Don't let them fob you off with a lower position though that is illegal. I'm also not sure what the position would be regarding your maternity pay if you didn't go back there and got a job somewhere else.

Astrolabe

I made the same request myself and found some good advice online. The term "flexible working" is used to cover a multitude of variations on a theme, and includes wanting to work part time.

The Dept of Trade and Industry used to do a great advice section on rights to flexible working. I just checked and its moved to http://direct.gov.uk/en/Employment/Employees/WorkingHoursAndTimeOff/DG_10037051
According to them, your employer should have responded to your request with a meeting within 28 days, and then given you a decision within 14 days of the meeting. It sounds like they have not met their end of the bargain, and maybe you need to take proper advice - I've had occasion to phone ACAS for employment advice, and they have always been great. (Stick ACAS into yell.co.uk for your local office.)

There is also a useful factsheet on this site:
http://www.workingfamilies.org.uk/asp/family_zone/fs_fw1_flexwork.asp but their full guide to flexible working costs £5

Good luck, hope you get the outcome you are after.

Baby_A

Hi, I work in HR and can confirm that your employer has 28 days from the date they receive your application to arrange a meeting to discuss your working pattern. Only exception to this is if they have agreed to it, so they send you a letter.

If they need more time to think about it, they send you a letter stating an extension to be applied. The date is then noted and reasons on why a decision hasnt been reached.

If this hasnt been followed, I suggest you let them know!

Counting_Pennies_2

Baby_A wrote: »

Hi, I work in HR and can confirm that your employer has 28 days from the date they receive your application to arrange a meeting to discuss your working pattern. Only exception to this is if they have agreed to it, so they send you a letter.

If they need more time to think about it, they send you a letter stating an extension to be applied. The date is then noted and reasons on why a decision hasnt been reached.

If this hasnt been followed, I suggest you let them know!

To follow on from this, often companies state that the request needs to be made on an official form, as opposed to a letter from you. Check out your maternity policy which should have all the necessary procedures for flexible working requests and the necessary deadlines