Advice on parental rights and returning to work(6 Posts)
Hi. This may not be the right page for this question, but I was not sure where else to put it.
I have a complicated work situation and am looking for some advice and resources. I live in City A and work for a large company in City B, 1.5 hr commute each way public transportation (driving not an option). OH works in City C, an hours commute away by car. We are currently TTC no. 1. Assuming I have a baby, I intend to take one year mat leave before returning to work. We have decided that I will not return to work in City B because one of us needs to work in the same city where DC is. My company has an office in City A, so I intend to ask them if I can transfer to that office permanently (which is not unheard of in my company, but not guaranteed).
I personally think that they could say No and I would then have to choose between returning to work in City B, or resigning. Several friends have said that it would be illegal for them to deny the request because they would be forcing me out of work simply for having a baby.
Does anybody have any similar or equivalent experience, or any advice on who I can speak to (preferably not my HR department) about my rights as an employee and new parent? I have accepted that I may have to resign, but want to know my rights.
Thanks in advance for any help.
You have a right to ask for flexible working, but not the right to get it.
You can ask for a change of location, but do not have a legal right to it.
To decline the requested change in terms would not be automatically wrong as you've had a baby, just as they could say no to you now before you're expecting.
They're within their rights to say no unfortunately.
Why not try for a transfer to city a now? that way you will be well established there before a pregnancy/birth / maternity leave rather than doing new baby/new job together.
They can absolutely decline your request. The organisation should give it fair consideration and thought however ultimately it falls to the "needs of the buisness". If you have to leave because they won't accept your request it's not discrimination
Thank you all for your responses. Unfortunately, you confirmed what I had suspected.
It is a bit complicated to ask to transfer to City A now, and I can't really articulate all of it in one post. I have a list of reasons why I think they might say yes (I can sell our work to colleagues in City A, I already work in a different country from all but 1 of my 25 other colleagues) and a list of why they might not, and frankly I can see it going either way. I have a feeling that it may come down to how much they want to keep me in the team which may work in my favour because our group does very specialised work and they have lots of trouble recruiting people for it (for example, we have been advertising for a position for 14 months and just last week found someone to interview for it).
My company regularly does a big song and dance about not letting staff leave and how they are amenable to flexible working, so I just have to cross my fingers and hope they practice what they preach.
Thanks again for your responses.
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