returning to work after a year's maternity leave.

[summerholiday]

Can anyone offer me any advice?
I'm a community nurse, due back to work on 9th Feb. I phoned my new boss in October to ask if I could come back to work 3 days a week.She phoned me back to say that this was not possible and that i would have to look for another job within the Primary Care Trust, or come back to my full time post.
I was pregnant when i got the job, and was interviewed afterwards to ask what my work intentions were after my maternity leave. I stated then that i wanted to come back 3 days a week, and my then boss and team leader didn't question this.
The Pct have a flexible working policy, I phoned them today and they still do not have a job for me to come back to.
My son will be 11 months when i 'm due back, and i personally cannot justify putting him into full time childcare. I personally will find this too stressfull and it is not what i want for my son. Last year was a difficult year as i separated from my partner when my son was 4 months old, and the worry about my job has just caused me added stress.
I am 42 and have worked full time as a nurse since I was 21. I have seen countless other nurses have babies and reduce their hours on returning to work with no difficulty.
I have to go back to work for at least 3 months 15 months after having my baby in order to repay the maternity pay. Can they force me to go back full time against my will and all my principles as a new mother. I will not be having any more children and this is my one chance to try to get things right for my son.
I would be grateful for any advice.
I feel so upset that my work are not supporting me as a new Mum.
My line manager has indicated that it's too much hastle to employ part time community nurses, yet they're employing agency nurses who are costing the NHS an absolute fortune.
I could go on and on, but I better stop now.

[moondog]

Get in touch with your union asap.

[beanieb]

You manager/employer doesn't have to take you back on the hours you suggest but they do have to consider any request made for a change in hours/contract. they can turn it down if it's inconvenient for other employees or the business.

not sure of the ins and outs of how to put that request in but you may have a case for constructive dismissal if you can prove this was discussed in your interview.

[mollymawk]

I think that your employer has a legal obligation to give your application for flexible working serious consideration and they are only allowed to refuse after following proper procedures and if they have proper business reasons.

There are forms you can fill in to make an application in writing and they they cannot escape following these (it sounds like they may not have done this so far as it has all been by phone). As moondog says, your union should know about this. There is also a government website I think with all the info.

[Northernlurker]

Have you made your request informally or formally under the flexible working laws? They have to give you a 'business' reason for refusing and imo that's very hard to do for middle level nursing posts - the number of people who do less than fulltime is legion! Remember you are entitled to your annual leave accrued during m/l as well - I assume they've added that on to your m/l to come up with the return date of 09/02? The three months return to employment includes annual leave so you are already perhaps 6 weeks in to that 12 week period. So if you have to leave you should only have to actually work for 2 weeks before puuting in your notice and then another 4 - iyswim.

[treedelivery]

Go through the PCT HR dept - asking for a formal detailed letter outlining why the request isn't suitable and giving suggestions for other working conditions. They don't have to honour your request but they are obliged to show evidence of having looked into the request in a fair and balanced way.

The agenda for change handbook is on line and your trust will also have a working lives policy or something similar for you to qoute.
If you have a union rep good time to draft them in!

I'd expect that when HR and senior management are involved this problem will either be solved or a compromise reached!

[flowerybeanbag]

Have you put in a formal request using your PCT's flexible working policy? That's the first thing you need to do. As everyone has said, your employer must seriously consider your request and must give a good business reason if they refuse.

Disagree with beanieb - you don't have a case for constructive dismissal just because nobody protested when you expressed a desire to return part time when asked about your intentions.

If you want to work part time you need to put a formal request in and take it from there. You will be able to appeal the decision if you want to. Hvae a look here there is a good online guide to flexible working and a factsheet all about the procedure.

[beanieb]

I said might!

don't know much about it but I do agree you should do it more formally.

[flowerybeanbag]

[ilovelovemydog]

You were interviewed about your intentions to return to work after maternity leave? Was this part of the interview?

Although Flowery is right, silence can mean acquiescence.

I think you should add that you were under the impression that you would be going back part time, otherwise you would have been looking for part time positions way before this.

Not sure how the PCT doesn't have a job for you to go back to? Do you mean the part time one or full time one?

[flowerybeanbag]

I'm not sure I did say silence can mean acquiescence, and personally I don't think it does necessarily in this case. The OP was interviewed prior to going on mat leave about her intentions with regard to returning. She expressed a desire to return part time (not making a formal request). The fact that nobody refused this expression of desire doesn't mean they were agreeing to it, or indeed the contrary. Quite correctly they did not comment either way.

I appreciate that this is a difficult situation for you summerholiday but you sound more emotive than will help you. Saying that they 'don't have a job for you' (and I am assuming by this you mean they haven't either created a new part time job for you or found a part time job somewhere for you) and are not supporting you as a new mum isn't the best way to go about this.

I am assuming no one has told you that your full time job doesn't exist, in which case they do have a job for you. You just don't want it, you want a different one. You are entitled to ask for that but that's all.

There is a process to go through, your PCT is obliged to consider any formal request you might make, and based on anecdotal evidence on here, it sounds as though they will find it difficult to refuse, so I think there's no need to panic, assume the request will be denied and accuse your employer of not supporting you just yet.

[ilovelovemydog]

I didn't say you did - just that I agreed with your advice to put in a formal request. Of course if no one objected to her intention of going part time does this mean it was granted.

The OP says she got the job and was interviewed afterwards - what was the time frame as this is unclear. She doesn't say that it was before she went on maternity leave, but if the interview re: maternity leave was right on the tails of the interview for her job, and then she was offered the job, it is somewhat understandable that she would be under the impression it was agreed.

I wasn't disagreeing with you Flowery!

[flowerybeanbag]

It was the 'Flowery is right, silence can mean acquiescence' that fooled me into thinking you were saying I said silence can mean acquiescence.

I don't think that and I didn't say that. In this case silence doesn't mean either acquiescence or whatever the opposite of acquiescence is. It means nothing at all. Summerholiday said what she would like to do and quite rightly no one commented either way.

I also don't think she could claim she was under the impression she would be going back part time either tbh just because when she was pregnant she said that's what she'd like to do. Indicating in that meeting about her intentions that she wanted to return part time couldn't be seen by her manager as a formal request to do so, and unless and until such a request is received, her manager would have been wrong to act on it.