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Returning to work at the same hours

7 replies

Chocchip88 · 24/02/2013 14:44

Hiya,
I am due to finish my maternity leave in August. I have worked for the company for about 12 years, the first 10 years full time then after my first maternity leave I went back 3 days a week.
My employer has told me that either I go back full time or I don't go back at all.
Is this allowed??
Stressed Confused

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Metalgoddess · 24/02/2013 17:50

Never heard of this before, I guess it would be down to whether you signed a new permanent contract for the 3 days a week? Also how long did you work on 3 days a week before mat leave as after a certain amount of time the hours/conditions of the post comes under customs and practice ? Has your mat pay been based on 3days a week?

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Colliecollie · 24/02/2013 17:59

How long was your maternity leave?

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Colliecollie · 24/02/2013 18:00

Sorry, how long will your maternity leave be on your return?

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Colliecollie · 24/02/2013 18:12

It may depend how long your mat leave is, but I don't know what the definition of 'similar job' is terms of full time part time etc. maybe posting in employment issues topic may get further replies.
From gov website:

Returning to work
Employees have the right to return to their job if they take:

Ordinary Maternity or Ordinary Adoption leave
Ordinary Paternity Leave
Additional Paternity Leave
4 weeks or less of parental 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.

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Mandy21 · 24/02/2013 19:50

I went from 5 days to 3 days after my 1st period of maternity leave, but I signed a new permanent contract at that point. So when I went back after my 2nd period of maternity leave, I went back 3 days. As everyone else had said, it depends on whether you signed a new contract.

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Metalgoddess · 24/02/2013 19:52

I also did the same but had to sign a permanent change of hours form.

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Chocchip88 · 24/02/2013 20:31

Thanks all, meant to come back earlier, apparently it was all a big misunderstanding and I can go back part time. Odd!!

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