NHS employer - hassle after maternity

[Deleted User]

Poppie68 wrote: »

Blimey CALM down.....If you don't like the answers, don't post. Nobody can help you as you never like the answers. I myself have offered 2 options and you never acknowledge any possible solutions, your just intent on moaning about something you can't change.
Has your wife spoken to HR regarding the 8 weeks notice? You say she spoke to her manager..when i worked for the NHS it had to be given in writing direct to the HR department, and then employees had to attend a back to work meeting half way through the 8 week period to discuss any back to work issues.

Form was submitted to manager as per process. Manager is supposed to them submit to payroll without delay.

bll78

I'm an ex NHS employee. Firstly you say she has nearly 2 years leave to use

[quote=[Deleted User];discussion/4909114]Other than that, she'd be going back to work with almost a two years leave to use in 9 months....

[/QUOTE]
As you have found this may find this will be queried. Yes maternity leave is accrued whilst you are off, but that should not account for more than 1 years annual leave. If she did not use the mat leave she had before going off or she went off sick prior to her mat leave and therefore didn't use them the rules are different and they will be unlikely to carry them over. I know people that planned to go off at 34 weeks using 3 weeks annual leave to take them to their mat leave starting at 37 weeks and ended up off sick and lost that leave. You did not say if she has lost this leave or not, but be prepared for it in the meeting. I can't see how she'd get to keep it when the policy has been this way for years.
As for reduced hours it all depends what type of role she does. I have had admin type roles in the NHS where there was never much of an issue, and roles as a medical practitioner where it is more difficult to give those reduced hours.
Also if you want to challenge it have a look at how specific you've been with the request. Is it I want to reduce my hours or I want exactly this many days? Have your wife asked to work certain days i.e Monday and Tuesday, or just said she'd like to work 2 days a week? The more specific the request is the more chance there is of it being declined as it makes it more difficult to cover the other hours, the more flxible your wife can be, the easier it is for the employer to oblige.
When I worked on shifts a women returned wanting to work daytime hours only, the manager was willing to comply, but the rest of the team would have all had to work more unsociable hours to accommodate her needs. The team (most of whom had children) said if she got it they were putting in for the same, and her request was turned down, as it effected everyone else and would mean changing all their contracts to make them work more unsociable hours than they had signed up to.

bll78

One final point be careful of the enhanced maternity package rule. If your wife doesn't go back for three months even if they won't reduce her hours she will have to pay back all the enhanced package i.e everything but 90% wages for the first 6 weeks plus £136ish for the rest of her leave. The enhanced package for the NHS is a lot to pay back!!

[Deleted User]

bll78 wrote: »

I'm an ex NHS employee. Firstly you say she has nearly 2 years leave to use

Including this year to use before next end March.

getmore4less

bll78 wrote: »

One final point be careful of the enhanced maternity package rule. If your wife doesn't go back for three months even if they won't reduce her hours she will have to pay back all the enhanced package i.e everything but 90% wages for the first 6 weeks plus £136ish for the rest of her leave. The enhanced package for the NHS is a lot to pay back!!

that is why cary over of holiday is so usefull it should count as working.

bll78

[quote=[Deleted User];64865458]Including this year to use before next end March.[/QUOTE]
So I make sure I'm right you mean 13/14 leave to be used usually by end March 14, mostly accrued whilst she's been on mat leave, and this years 14/15 entitlement to be used by end of March 2015? If so they're highly unlikely to take the 14/15 entitlement in a block. There are rules which mean you can only usually take blocks of 2 weeks at a time, and that the leave has to be spread across the year so someone doesn't try to get a month off in the middle of the school holidays and others end up having to take all there leave in winter.
Also when annual leave is taken is at the discretion of the employer, you can't assume they'll let her tag it onto the end of her mat leave, although most will. Realistically she's likely to get her 13/14 entitlement at the end of mat leave and may even get a week or so of 14/15 entitlement, before she goes back. If I've misunderstood and she has 12/13 entitlement left, I would think it will be written off.
In answer to the last poster yes her leave will count as time back at work but it won't be 3 months worth, so she will have to return to work or pay back the money.
One thing I'm not clear on is how the 13/14 entitlement built up whilst she is on mat leave is calculated, so if she is going to 3 days a week but did work 5 days a week and has 4 weeks annual leave, would that be paid at full time rate or part time rate??? Might be worth your wife finding out.

lakes17

[quote=[Deleted User];64838371]But the legislation is pointless. All it does is force employers to 'consider' requests. In practice, they can say no because its inconvenient and make up any excuse.

Previously dealing with wifes employer has also indicated that they seem to think the law does not apply to them mostly. All requests for less hours from staff in the past few years have been rejected. All they do is go through the process and make some excuse up.

Its scandalous that an NHS employer treats staff like this.[/QUOTE]

As you stated in the sentence highlighted in bold I would have thought you would have known your wife's request would be declined before you even tried for a baby!! Had the Trust granted your wife's request then they would have been inundated with grievances from the others who had their request declined. You need to remember that you are not the only couple working who are also trying to juggle child care with working commitments!!

notanewuser

bll78 wrote: »

.
One thing I'm not clear on is how the 13/14 entitlement built up whilst she is on mat leave is calculated, so if she is going to 3 days a week but did work 5 days a week and has 4 weeks annual leave, would that be paid at full time rate or part time rate??? Might be worth your wife finding out.

It will be at whatever level she was working before she went on this round of mat leave. So if she was full time she'll have a full time entitlement to use, regardless of the basis she returns.

So if full time is 30 days leave and a 5 day week, then she returns with 30 days. If she returns for 3 days a week she has 10 weeks worth of leave accrued, but accrues future leave at a 3/5ths rate.

[Deleted User]

bll78 wrote: »

So I make sure I'm right you mean 13/14 leave to be used usually by end March 14, mostly accrued whilst she's been on mat leave, and this years 14/15 entitlement to be used by end of March 2015? If so they're highly unlikely to take the 14/15 entitlement in a block. There are rules which mean you can only usually take blocks of 2 weeks at a time, and that the leave has to be spread across the year so someone doesn't try to get a month off in the middle of the school holidays and others end up having to take all there leave in winter.
Also when annual leave is taken is at the discretion of the employer, you can't assume they'll let her tag it onto the end of her mat leave, although most will. Realistically she's likely to get her 13/14 entitlement at the end of mat leave and may even get a week or so of 14/15 entitlement, before she goes back. If I've misunderstood and she has 12/13 entitlement left, I would think it will be written off.
In answer to the last poster yes her leave will count as time back at work but it won't be 3 months worth, so she will have to return to work or pay back the money.
One thing I'm not clear on is how the 13/14 entitlement built up whilst she is on mat leave is calculated, so if she is going to 3 days a week but did work 5 days a week and has 4 weeks annual leave, would that be paid at full time rate or part time rate??? Might be worth your wife finding out.

Yes, 13/14 I meant. 3 months on sick, rest on maternity (currently).

Plan is to tack 13/14 plus just a little of 14/15 leave on the end. Leaving most of 14/15 to be used before next april 2015.

She was on 17.5 hours before. There is a formula which rather than days works out how many hours leave you are due. For instance, for a year she gets 143.5 hours. Bank hols are added in and included in this figure.

But obviously you only need 17.5 to have a week off so it works out the same.

notanewuser

[quote=[Deleted User];64866310]Yes, 13/14 I meant. 3 months on sick, rest on maternity (currently).

Plan is to tack 13/14 plus just a little of 14/15 leave on the end. Leaving most of 14/15 to be used before next april 2015.

She was on 17.5 hours before. There is a formula which rather than days works out how many hours leave you are due. For instance, for a year she gets 143.5 hours. Bank hols are added in and included in this figure.

But obviously you only need 17.5 to have a week off so it works out the same.[/QUOTE]

That's standard for part timers.

How many hours does she want to do on return?