Changed to job after maternity leave

[Scottishrunner]

just wanted to canvas some opinions on the below.

I am currently on maternity leave and will be returning to work in September 2023. I have indicated to my line manager that I will likely submit a request to work part time. My job currently has 3 different components so it’s likely I will make a request to drop one of the components.

my line manager recently organised a meeting with me to discuss the above and asked if I could confirm in writing that I wished to drop one of the components to allow this to be advertised imminently.

I indicated that I was unsure at this point how many hours I may wish to drop on my return from maternity leave. My worry is that if I commit to dropping one of the components this early my employer has no obligation to consider how many hours I wish to return to eg one of the components is 16 hours/week, if I relinquished this my employer would only be obliged to offer 24 hours/week on return from maternity leave.

I’ve since had further contact from my line. Manager regarding the above. I’m awaiting a reply from my union but wondering if it’s unreasonable for me to say that I wish to consider my options and will discuss closer to my return to work? Find it awakward as I understand my line managers position but not sure this level of pressure so early on is appropriate

thanks!

I have managed many people on mat leave. We discuss it when they are getting ready to return.

Some people know they want a change, some people aren’t sure. Some people change their minds later. Some intend to come back and don’t at all.

As a manager, I think putting pressure on you to discuss and make a decision could be sketchy ground.

you really don’t have to commit to any changes now!! Especially not a year in advance!! I would definitely wait, lots can happen and change in a year. You deserve to have your options to decide what suits you best.
your work will want to ‘plan’ but you are not obligated to tell them any of this until way down the line. They are being very cheeky.
hope it doesn’t cause you any stress on your maternity leave, congratulations!

You definitely don't have to decide so far in advance. But is there a risk they will refuse the drop in hours at a later date?

I think you are working against your own best interests giving such notice.

I certainly wouldn't put anything in writing.

I have had friends adamant they were returning to work after mat leave resign or take extended leave.

Converserly I've had friends say they intended to reduce their hours and decide they actually wanted to continue FT.

Best leave it until closer to the time.

You are committing unnecessarily to something that could bite you further down the line.

Huge unnecessary pressure to put yourself under.

Put yourself first, not your employer.

I guess they need to know for replacing you for that component. But reasonable to say you’ll decide closer to the time, maybe 6 months before, not 12!

I would reply: " I have not at this time submitted a formal flexible working request so I'm still a FT employee on maternity leave which I means I retain a right to come back to my current job, with the required notice, within the OML period of 26 weeks since the start of mat leave. I am comfortable retaining that legal protection as we live in such uncertain times. I do also have a right to return to an equivalent FT position if I return after taking AML. If you wish to change my current job description I expect there is some kind of formal HR process to permit you to reorganise things but this is not my area of expertise so I think HR would need to advise on it. If you intend to ensure there is an equivalent FT job for me to return to after AML and you are making the changes for a valid reason, I'm not my written permission is needed. I currently do intend to submit a flexible working request and as soon as I've figured out my childcare options and costs I will do so; i would like to continue discussing options informally with you so i can tailor a request that is likely to be acceptable with as much notice so you have time to work out what is feasible".

Do bear in mind if you submit a statutory Flexible Working Request later on, your employer is allowed to take 3 months to respond to with a decision. If the answer is No, then you don't want to risk only finding that out at the 11th hour as you will need to find childcare or a new job!

So personally I'd be looking to sort out childcare and making the Flexible Working request about 5 months in advance. It can be tricky finding a nursery or childminder place in advance to match your precise working hours so expect this to be a stressful juggling act if you will be relying on professional childcare while you work.

Sorry that bit in the middle has a typo:
"If you intend to ensure there is an equivalent FT job for me to return to after AML and you are making the changes for a valid reason, I'm not my written permission is not needed

I would check your maternity policy but I only had to submit my flexible working request a few weeks in advance and it was my choice to do it early. If that’s when you’re going back this is far too early for them to plan as so much could happen

Basically your LM is probably trying to do the right thing, thinking they can bake in some certainty for their own management purposes by getting you to agree to something. They can't.

A flexible working request STARTS with you making a formal request. This hasnt happened.

What your LM is doing is OFFERING you a NEW JOB - making you a part time job OFFER. They are not responding to a Flexible Working request as you haven't made one. Make it very clear that you consider they have made you a PART TIME JOB OFFER and you don't want to accept it, thank you.

It is very important you keep your statutory maternity rights intact. Accepting the part time job offer may be legally binding albeit very hazy what has happened. Manager is an idiot for not consulting HR and laying out clearly the terms of the job. Of course you cannot accept. And you don't have to.

@Darbs76 incorrect- they would LIKE to know. Maternity cover is tricky because of the uncertainty. That's just tough. All employers have to deal with it.

With appropriate notice the OP could return to her old job within 26 weeks, and the employer would be obliged to give her her old job back.

Unless she agrees to a new Part Time Job offer meantime. Which she will not do (especially not a ham-fisted offer like this). I'm not a legal expert but actually I'm not sure it would hold up anyway if OP changed her mind and insisted she wanted her old job back, as the offer is so unclear. Line manager has made it all very muddy I think.

No no no. Don't sign anything, or give anything like a year's notice. The last thing you want is any contractual changes now. You are full-time and if they want cover for certain elements they can hire fixed-term.

Just tell your boss although dropping hours is your preferred option you won't be putting that formally in writing at the moment. In such a financially unsure world you can't commit to it until much nearer the time. You don't know how your finances are going to be in a years time.

You understand they want to fill the position but they should understand the uncertainty everyone is under financially at the moment

It sounds like as well as reducing your hours you would be removing part of the job that you do. In removing the component could that not downgrade the job you do resulting in a reduced salary before you reduce it further going part time? I’m just thinking worst case scenario and what your boss could be thinking. I wouldn’t say anything about the role, just the hours. Whether they decide to make the hours you drop a new post for a job share is their call but you could sow the seed as an idea.

I agree it is much too early to commit to anything yet. However take this as a heads up that you may need to compromise on the number of hours part time role would be if dropping one of your components is how this will be achieved. Are you thinking about more or less than 23 hours when you return? Are there other ways your responsibilities could be managed/shared that would give you more options?

Hi All, thank you so much for your responses , so helpful!

@SparrowsNest thank you for your advice! At the moment I’m employed >40 hours/week (it’s a slightly complex arrangement but is in a formal contract) and would be looking to return on 28 or 32 hours. Was just giving the figures above as an illustration.