Returning to work after maternity leave - my rights

Smithy2

Hi there,


I am after some advice please,


I am currently employed as a first line manager, a position that has taken me a long time to secure. I am now on maternity leave and would like some advice on returning to work.


I currently work 12 hour shifts, from 7am to 7pm and also I do a whole week of nights every 8 weeks. When I return to work I will no longer be able to do these shifts due to finding childcare that can accommodate these hours.


There is another woman who is on the same pay grade as me, and she has just returned to work from maternity leave. She told them that she would not be able to continue on our current shift pattern, and was told that she could not be accommodated in her old role under a new shift pattern.


After a meeting with the management, a job role "coincidentally" came up which just happened to suite the hours she wanted, however it means that she is no longer a manager and has had to take a pay cut.


I don't know a lot about maternity law, but I think I read somewhere that if you return to work you cannot return under lesser conditions than you left.


Basically what I need to know is, am I within my rights to ask to remain in my current job role, but on a more work/life friendly shift pattern, or can they navigate me into a new role, meaning a pay cut and effectively a demotion.


I contacted the manager in charge of the rota a few weeks ago to give her my new address, and she suggested that "maybe full time motherhood is the way to go" which made me think that they do not want me back if I am going to ask for a change of hours.


Any advice, or guidance in the right direction would be greatly appreciated.


Thank you in advance

getmore4less

Standard or extended maternity?

the rules are different.

hcb42

I think they have to consider requests reasonably, but if they have a need for a manager working nights and you cannot do it, then they may not be able to accommodate

Smithy2

Hi,
I am taking a year, which I am entitled to, but only get paid SMP for 39 weeks,


The other woman asked if any of the other managers would mind covering her nights, and she did get a volunteer, but the manager in charge was even reluctant to allow that, saying that it would not work out on a long term basis.


I was pregnant and the time, and she basically said that she cannot allow her to set a precedent, as I would want the same when I come back.

JReacher1

I don't think you've got any right to ask to keep your current position but switch to more sociable hours.

I would imagine nobody really likes doing the night shift so I don't see why just because you've had a baby should mean you no longer work them.

If they make an exception for you everyone with kids could try for the same thing.

Takeaway_Addict

Smithy2 wrote: »

Hi,
I am taking a year, which I am entitled to, but only get paid SMP for 39 weeks,


The other woman asked if any of the other managers would mind covering her nights, and she did get a volunteer, but the manager in charge was even reluctant to allow that, saying that it would not work out on a long term basis.


I was pregnant and the time, and she basically said that she cannot allow her to set a precedent, as I would want the same when I come back.

You are entitled to the job you left (for the first 9 months), you are not legally entitled to a different job which changing hours is what you are asking to do.

The employee has the right to request flexible working which the employer must seriously consider but can refuse using one of the main examples (not that hard for the employer to do)

Ultimately if the employer says no the only way you could possibly get recompense if its legally unfair is through a tribunal.

Smithy2

Takeaway_Addict wrote: »

You are entitled to the job you left (for the first 9 months), you are not legally entitled to a different job which changing hours is what you are asking to do.

The employee has the right to request flexible working which the employer must seriously consider but can refuse using one of the main examples (not that hard for the employer to do)

Ultimately if the employer says no the only way you could possibly get recompense if its legally unfair is through a tribunal.

Thank you for the information, that has made things clearer for me. much appreciated.

getmore4less

Smithy2 wrote: »

Hi,
I am taking a year, which I am entitled to, but only get paid SMP for 39 weeks,
QUOTE]

Extended maternity,

you lose the right to your old job back just something sort of equivilent.

https://www.gov.uk/maternity-pay-leave/overview
https://www.gov.uk/employee-rights-when-on-leave

The rules are different if the employee takes:
Additional Maternity or Additional Adoption Leave
more than 4 weeks of parental leave

In this situation, employees have the right to their job or a similar job (if it’s not possible to give them their old job). Similar means the job has the same or better terms and conditions. If the employee unreasonably refuses to take the similar job the employer can take this as their resignation.

Smithy2

getmore4less: thank you for this information, I will check out those links, much appreciated

sacha28

Smithy2 do you work for the NHS by any chance? The hours sound very familiar

Anyways, from experience, I have found that working nights is actually much more childcare friendly. I start my shifts at 8pm and finish at 8.30pm. My partner would drop LO into nursery for 7am, I would pick him up at 5.30pm (if OH started work later he would drop him off later but he had a 7am start either way). I get a decent sleep with an empty house and I still get to put him to bed before I go to work. Nights isn't everyone's cup of tea but, the way I saw it, you do what you have to for the work/life balance and I haven't found any childcare that is in anyway flexible, you have set days and that's that.


If I'm right in my assumption that you work for the NHS then take a look at the 'Improving Working Lives' Policy. This is an organisation-wide policy implemented 2/3 years ago to help staff members work out a way of arranging shifts around your home life. Once you have made the application to HR then the department need to have a VERY good reason for refusing your application. Merely stating that they refuse on the grounds that 'everyone with kids' will want to re-arrange their hours is not, in the eyes of HR, a good enough reason to refuse (I know this as my partner had his application refused on those grounds, and HR vetoed the decision. This was only 4 weeks ago)

At the moment you're still on mat leave, don't waste time worrying about how things will work out with hours/childcare. I spent the last 2 months of my mat leave worrying myself sick (I could only afford to take 6 months maternity) about childcare and really regret it as it marred the last 2 months that I got to spend all day, every day, with my son.

On a final note, I had no help whatsoever from family on either side so my OH and I relied on ourselves and nursery for childcare. I won't lie, it was hard at times, my partner had 1 day off together in 2 years (he had to take his annual leave at specific times due to access with his daughter) but things just have a habit of working out. Maybe not in the ideal way you hoped/expected, but it does.

Sorry that was so long but good luck and don't stress!

Smithy2

Sasha: Thanks for your reply, No I don't work for the NHS, I work in a secure centre, and yes, the hours are very similar!


Thank you for the information, at the moment my husband, who does security works exactly the same shifts as me, so one thing we can do is for one of us to swap our weekends, so that we work the exact opposite, so we have limited time together, but there is always someone at home for the baby. That way I could stay in the same job role, and we would save money on childcare. But of course that depends on finding someone who is willing to swap their shift line.


Like you, we will not have help from relatives, so a nursery or child-minder would be our only options.


Thank you also for the advice on not worrying about it, it is something that has been on my mind a lot recently, and I my baby is only just 4 months old! I have worked all my life from the age of 16, so I really should be enjoying this break!


Thank you again for the info, much appreciated.