About my flexible working request

[bellajay]

I am on maternity leave returning to work at the start of October. I submitted a flexible working request to go from 4 days to 3 days a week starting from my return to work date.

I’ve had the request approved but in all the paperwork I’ve noticed that the start date for the new working pattern has been put as 1 August and my new holiday allowance for the year has been calculated with this in mind.

I queried and was told that the new working pattern begins as soon as terms are agreed but in this case the start date has been delayed to the start of the next pay period for ease.

Now I’m not about to quibble over what is a quite small difference in holiday accrual but surely this isn’t right, the new working pattern should start on the date I requested it start from, right? Surely people make arrangements based on that requested start date and your employer can’t sit on your request for anything up to three months then suddenly advise that your new pattern is approved and starts with immediate effect?

AIBU to think that the start date on my application should really have been the start date of my new working pattern and I’ve been told a little lie?

Yanbu. They're being petty.

@leghairdontcare well that’s what I thought, but of course if I push the point, I’ll look more petty! I’ve worked there several years and definitely given more than taken, a ton of unpaid overtime and working away etc. Clawing back maybe one day (I haven’t actually calculated how much it is) of my annual leave just seems like something to do because they will probably get away with it.

I would look at your new contract to see when pay roll thinks you are back to work. Yes - your new working pattern should start in October, not August.

@panamapattie thanks. All is clear in the paperwork that I’m back to work in October. I’m surprised if they really are in the wrong that they were happy to say what they said to me in writing! But at least I have the evidence if I ever need it.

It's totally wrong and I would say something.

@yeahokright I’m considering it, but I already have said something so I’m wondering what my next steps are. Push the point with the finance director? I’m pretty junior so I’m thinking hard over whether this is the hill I want to die on, so to speak.

I think they can do this, as long as they’ve followed process. You made an application which they didn’t actually have to approve and agree at all. Sounds like they have “agreed with amendments” ie: the start date, but not sure if they talked to you about it beforehand from your OP, which they really should have.

Don’t you still accrue holiday during maternity leave? If this is the case then surely you will still be entitled to the same number of days?

Thanks @kinkybutkind. That makes sense but no, they didn’t discuss it in advance. And when I queried it was definitely made to sound like it was standard practice for the new pattern to be effective immediately. The letter I received is a bit vague but that and the accompanying email both refer to approving/confirming my revised terms. No mention of amendments.

@TheSingingTowers yes, up til now I’ve accrued holiday in line with my allowance for a 4 day week. As of 1st August I will begin accruing holiday at a slower rate in line with my new three day working pattern. So overall I will accrue less holiday than I would have if my new working pattern started on the 1st October, which is when I actually return to work.

@TheSingingTowers the difference is small. The principle is niggling at me though.

That doesn't sound right - our flexible working request form has a specific space for the requester to say when they are asking the arrangements to have effect from. Does yours? If so and you put 1 Oct then there's no agreement to the three day week any earlier than that unless they're making a counter-offer in which case you query whether three days is only on offer if starting now. If they say that's the offer then you make a decision based on that but at least they're forced to be honest about what they're doing.

I think that’s quite underhanded of them tbh. You are on maternity leave based on your previous working pattern, so that should apply until the end of your maternity leave. I don’t understand how they think a new working pattern should begin before maternity leave has ended. You’re either on maternity leave or you’re not. I would query this OP.

@mrsmalcolmreynolds yes there was a space and yes I did request 1st Oct

@JoxerGoesToStuttgart underhand is probably the right word but honestly I don’t even know why they’ve bothered to do it?! The benefit to them is practically nonexistent

The benefit to them is practically nonexistent

Then I would definitely bring it up and ask that the start date be changed to your actual return to work date.

As an update to this I got a new contract through today and saw that they’ve also increased my notice period. Definitely going to push back on it all!

WHAT? How can they do that?

OP is the company struggling? Do you think they could be trying to get you to quit rather than make you redundant?

I requested the start date to mine. Had it approved.

Extending your notice period is a change of contract that's nothing to do with flexible working. I suggest you don't sign that ans query it

You say that you're returning to work in October - is that when your maternity leave officially ends, or when you've used up the accrued holiday that you're sticking on to the end of maternity leave?

When I returned, they said my flexible working request had to begin when my maternity leave ended, rather than when I actually returned to work. Is that what's happening here?

@PowerslidePanda No, 1 October is my return to work on paper. I’ll use up a couple of weeks of accrued leave and actually step foot in the office later that month.

@JoxerGoesToStuttgart well it’s possible but no, I don’t think that’s what’s happening here. I’m doing a couple of KIT days including client facing work, I’ve already got the list of clients I’ll be working on and they’re exactly what I would have picked myself if I could have. It’s a strange company and not very good at making its people feel valued. Management can certainly be stingy at times but people I trust that I’ve been in touch with during maternity leave say business is good.

Also, thank you everyone for your thoughts and advice. It’s helped me think it through from different perspectives. It’s such a small thing but I think I have to say something as otherwise I’m encouraging the culture that women returning to work just have to be grateful for whatever they get and bend over backward to justify their existence. It’s not right.