Partner going back to work after maternity

dexterwolf

My partner is due to go back to work in 8 months after maternity leave. she was full time before but will only be able to do 2 days a week as we can only get cover those days and her wage would not cover childcare if she worked full time. Will her work have to offer her 2 days a week or will they make her redundant. If she does not go back can she claim JSA if she is searching for a part time job?

beecher2

No, you have no right to demand part time work, but your work will have to consider a request for flexible working.

http://www.nidirect.gov.uk/statutory-maternity-leave-returning-to-work
https://www.moneyadviceservice.org.uk/en/articles/know-your-rights-when-you-go-back-to-work-after-having-a-baby

Takeaway_Addict

dexterwolf wrote: »

My partner is due to go back to work in 8 months after maternity leave. she was full time before but will only be able to do 2 days a week as we can only get cover those days and her wage would not cover childcare if she worked full time. Will her work have to offer her 2 days a week or will they make her redundant. If she does not go back can she claim JSA if she is searching for a part time job?

I'm interested why you would think an employer would make her redundant when it is her that is unable to fulfill her contract she signed? If she is unable to fulfill the contract and the employer won't allow part time working then she would need to resign.

As above, the employer needs to consider a request for flexible work but can I suggest that if your wife applies for this that she also tries and provides some answers to the issues she will raise by requesting flexible work.

Ie.

Who will do the other three days? Are there other staff on her level that can cover the remaining days
Or would the employer be able to employ someone to cover the other three days.

Sell the benefits but if the employer says no your only comeback is to goto a tribunal if you feel that they are discriminating against her unlawfully and even then you still can't force the employer to allow part time work.

giddypenguin

If you think working 2 days a week is the only option moving forward, it might be best for her to meet with her manager now and ask their opinion. As others have said, they will have to consider it, but may not accept it. Either way it's worth having the conversation now, so that if they say 'no' she still has plenty of time to look for alternative work.

You may find that they will be very accommodating - you may not. But you never know until you have the conversation. Even if it's decided that part-time working doesn't fit with their business needs - that won't end her SMP/maternity early. She would just hand in her resignation (in line with contractual obligations) before she is due to return to work (she won't lose any SMP - however, may have to pay back any 'extra' maternity pay given optionally by the employer).

Either way, she won't be made redundant. If she can't do the hours specified by the contract, she will have to resign - so the process now is to re-negotiate the contract to something she can fulfil.

Can't advise on JSA.... I would have thought you'd claim something different (income support? CTC?) as you aren't obliged to search for work with children under 5 (or 3 as it will be). But that would depend on your income.

Nada666

dexterwolf wrote: »

My partner is due to go back to work in 8 months after maternity leave. she was full time before but will only be able to do 2 days a week as we can only get cover those days and her wage would not cover childcare if she worked full time. Will her work have to offer her 2 days a week or will they make her redundant. If she does not go back can she claim JSA if she is searching for a part time job?

You could try going to work yourself. That way you can contribute to the childcare.

If you do work then you are saying you are happy paying for other parents who choose to not bother to work.

You can't have it both ways.

jetplane

I take it that you have looked at the Tax Credit route to child care costs, taking into account your wife's low income this year (HMRC ignore £100 per week of SMP) and child care voucher schemes?

I have assumed you are working more than 16 hours a week.

giddypenguin

Nada666 wrote: »

You could try going to work yourself. That way you can contribute to the childcare.

If you do work then you are saying you are happy paying for other parents who choose to not bother to work.

You can't have it both ways.

That's not really a fair comment - if the childcare cost per hour is more than hourly wage, there is no point in her working at all - it's not paying for someone who doesn't bother, it's cheaper for her not to work!... You assume OP doesn't work, that isn't specified in the post at all.

xylophone

You could try going to work yourself. That way you can contribute to the childcare.

In a previous post the OP refers to taking paternity leave so assume he does work.....

Nada666

giddypenguin wrote: »

That's not really a fair comment - if the childcare cost per hour is more than hourly wage, there is no point in her working at all - it's not paying for someone who doesn't bother, it's cheaper for her not to work!... You assume OP doesn't work, that isn't specified in the post at all.

xylophone wrote: »

In a previous post the OP refers to taking paternity leave so assume he does work.....

It was entirely fair. And I was pointing out an absurdity in the way he or she was approaching the issue.

When two people have a child it is the responsibility of both of them to fund its rearing. Society as a whole also contributes generously (even after the last budget.)

Of course I am not suggesting the net result of his calculations is not as claimed. But to regard that meaning the mother's work has to be calculated as the sole provider is a nonsense. They both have to provide in a mix five (well, seven) days of support. In his projected scenario two-sevenths comes from one parent and five-sevenths from the other.

dexterwolf

I work full time and my wage will cover the mortgage bills and food. My other half going back would be spending money for the baby and saving for things like holiday and clothes etc

The cost of the childcare would be too much as my partner is on a low wage so after I have paid for the bills etc we would not have a lot left to do anything.

pmlindyloo

Try putting different scenarios into the benefit calculator on https://www.entitledto.co uk to see if you would be eligible for any help if your partner's employer allowed her to do part time or she continued with full time.

As regards JSA it would have to be contribution based JSA, which if she has worked in the two previous tax years (maternity leave counts) she would be eligible for. She would not be eligible for income based JSA because of your earnings.

If she resigns then she may be eligible for contribution based JSa in these circumstances as they may decide that leaving because of her caring duties and high child care costs is 'good reason for resigning.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/446106/dmgch34.pdf

34431 onwards in the link.

Your partner needs to ask her employer about flexible working (good information on 'flexible working - adviceguide) on how to go about it.

If they don't agree then she could look for another part time job, try for JSA or consider full time if your entitlement to tax credits make this viable.

Lots of people have to address these issues when they have a baby and it may be that you have to 'tighten your belts' for a while until your child is older.