Returning to work after mat leave feeling unwanted

[Working95]

Hello

I am on maternity leave due to return Mid-May. The first two weeks of May are annual leave.

When I return, I have requested to reduce my hours. And have my working from home days written into my contract. I used to work two days per week from home 2 years before pregnancy. I also requested to extend my maternity leave.

I submitted my flexible work application Mid December. I was told instantly it was accepted and that a contract would follow early January as the service would close over Christmas. Early January I had a chat with my manager who confirmed again that it had been agreed and he would make enquiries to get a new contract to me.

Since then, I have received nothing. I have chased every few weeks to be told that he is waiting on xyz from finance manager. After months of this, I contacted Finance manager a few weeks go who said they were unaware of any changes and havent been asked to provide anything.

I dont want to be this person but I am feeling anxious at returning from a long period away (first baby) and I have so much guilt about returning and putting baby into nursery (nothing to do with employer i get thats my responsibility) but this is making it seem unpleasant. Like I am not wanted back or not a priority.

I am the HR director so have told them multiple times that they have 2 months to respond and give an outcome to a flexible work request and that they are currently in breach of this policy. My replacement seems unbothered by this and keeps telling me "but its been agreeed". I just dont understand how its 5 months later and they are unable to document it.

What would you do? I have drafted an email to say I wont be working anymore keeping in touch days until it is sorted out. I also said that given I am in a no pay period I trust it is going to be processed accordingly or I will take it further.

Dh, dm and friends thinks i am making something out of nothing but it feels off and I wouldnt allow this to happen to someone if I were there.

Thank you

For absolute clarity to those saying I am hard work. I was simply stating what I would advise a manager if an employee came to me saying they hadn't received their contract. Managers would be reminded of the timescale and told to send out new terms asap if agreed. I would advise that they are creating an unnecessary situation and yes if other factors were involved (oh I don't know, it depends who the employee is) this could mount to constructive dismissal.

I am not saying I have a case for it. I absolutely do not. I also said I have drafted an email saying no to keeping in touch days etc. So I havent said anything untowards except chasing my contract. If I were hard work I would have sent that email with no hesitation.

Being in HR I know how important it is to stick to policies and procedures and yeah its annoying me they haven't. All I want is for my employer to put my agreement in writing. Because why would you issue this on first day back? What if something isnt right in the agreement etc. Ive also asked them for confirmation of my new salary and holiday allocation. I know I could work this out but why should I incase there are differences.

So for payroll to know, absolutely the month of the changes. But payroll didnt even know my maternity had been extended and had me returning to work next week!

So I know this all sounds silly but there is no reason it has to be like this. We are a v.small company.

If you were my HR manager and advised me that an employee would have a case for constructive dismissal because of an (admittedly unreasonable) administrative delay, then I think I would be seeking external advice on how to replace my HR manager!

Knowing and asserting your rights is one thing. Making yourself a PITA for no good reason is another.

I'd write to confirm their agreement ... as you will know you dont need a "new contract".

I have already clarified twice that I have no case for constructive dismissal.

Basically I am on hand for advice and make sure company sticks to policies etc. Now its my turn and I feel no one cares.

I am worried they'll go back on their word.

I do want to go back but I dont really see what the issue is with giving my agreement in writing. They have yet to issue me my new holiday allocation and salary.

I have done kit days (7 of them). I know I am wanted back.

I dont think I am being difficult. Perhaps I just want the policy followed. But I will just save down all texts or emails that say it has been agreed.

Do you not have the agreement in writing at all?

I have my proposed request i have had nothing in writing from my employer apart from a couple of texts that simply say its approved. Thats it. We will get it to you next week its approved.

Sounds like your mat cover isn’t very good, and they’re generally in a muddle. You are chasing for things that might just not happen until you get back.

I would probably draft an email that confirms back what was agreed, and work out your own salary and holiday, I’d take control of the situation as they don’t seem to be able to. Then return on that basis, and you ca issue the contract and inform payroll etc yourself when you’re there. This switches you to being proactive and solving the problem.

The good news is that they want you back and clearly need you back.

Legilsation wise - new contract or agreement with new terms or both.

So a new contract isnt wrong.

Our paperwork states employer will receive confirmation of approved agreement and a new contract.

I am not making this up.

How am I being a pain in the arse by chasing a contract / agreement that legally i should have received two months after I sent my request?

I have no issue being told that its probably all good and to stop worrying but telling me I am being a pain in the arse and that I would be wrong to advise that an employee could have a case for constructive dismissal (if and only IF this isnt an isolated case.. people seem to be missing that!!).

So just email them and state that you had expected to receive a new contract by now, in line with the policy, but in the absence of this, you are writing to confirm your own understanding of the new terms. Set them out in whatever level of detail you wish. And state that you will take the new terms as confirmed if they haven't come back to you within 5 working days or whatever.

But what is your ultimate goal here? I think that's what you need to think about. Do you want to return to work on the newly agreed terms? If so, there is nothing to suggest that they are looking to back out of it. Yet.
Or are you looking to not return to work and are aiming to catch them on technicality and get a settlement allowing you to remain SAHP? Because this is the only scenario under which your actions make any sense.

I am contracted to work in the office one day per week but I've been working from home full time since 2022 with my manager's approval. This arrangement is not likely to ever change and me threatening the HR with legal action will achieve nothing whatsoever except to sour my relationship with the organisation. Could they legally request me going back to the contractual arrangement? Yes but the chances of that are so small, I don't see any point in me chasing after updated contract and mentioning "hostile environment".

Yes, payroll should have been aware tho before my return. Until i contacted them they assumed my maternity leave was ending as per original plan as no one told them otherwise. They didn't know about an extention. So they only updated their systems once I got in touch. They were about to finalise payroll and I was on course to receiving pay as they thought I would have returned.

No but if you requested to make that official, they then agreed and never put that in writing, would you mind?

Well, you haven't presented any other details so it would seem that this is an isolated issueand constructive dismissal is totally irrelevant - I don't really understand why you brought this into the conversation tbh.

I don't actually think you're being a PITA to chase the contract but some of your comments here do make you sound like hard work - particularly the random introduction of the constructive dismissal argument.

I don't understand how, as an HR manager, you don't seem better equipped to deal with this issue in a sensible way.

I think you’re expecting a lot when it’s a very small company and you are the one who would normally oversee these things/advise the manager - just shows you’re needed.

I’d prob drop an email saying you’re worried a bit by the delay, can they confirm by email all agreed to and can you support getting new contract out and who needs informed (show your worth in your role!). By all means you can add that you’re feeling a bit unloved by the repeated delay.

Your manager may have prioritised it as “she’s not back till may, I’ll get it done by may”.

No, because it factually changes nothing. I work from home, my manager is aware, no pressure is put on me right now and I am not in a habit of worrying about hypotheticals. I love my team and I feel well supported. Lack of updated contract doesn't change my perception of being "wanted" in the workplace.
If they request me to go back to the office, there will be a conversation about historical agreement. But I will cross that bridge when it comes to it.

My goal is to return to work, for the policy to be followed and to have my agreement in place before my return. Nothing is unreasonable about that.

I wouldn't have any case for a tribunal or for a settlement so no I am not planning for that at all. Me and dh had talked about me being a sahm but I felt it was important for me to go to work. Although I have had immense guilt since deciding that.

And you're a HR director? God help that company.

God help that company? So if an employee came to me and complained about this then yes, I would be speaking to manager and asking why the delay. If there was no reason for the delay i would be advising them to issue the agreement asap as we would be breaching our policies.

Depending on the employee and situation I would maybe add more.

Jesus what do you want me to do? Tell managers are is good when they havent followed procedure?

How about you tell me what you would expect an hr director to say to this situation.

I suppose that would be your preference but if you went down the flexible work route then they have a legal obligation to provide you with a new agreement or terms which would state working from home once a week.

In the grand scheme of things is it the end of the world? No. But why have policies and procedures to not follow them.

No, nothing unreasonable but they don’t seem capable. So in chasing for something they cannot or will not provide you might be becoming somewhat annoying, and as you’re HR you’ll know that it’s hard to dial back perception from ‘annoying’.

I would take their confirmation as confirmation, why doubt it? Send an email to tidy it all up confirming the agreement, chalk it up to their incompetence and move on.

Yes they aren’t following policy, yes they are in breach of timeframes, yes they didn’t tell payroll or issue your contact etc. But pragmatically speaking it doesn’t matter. Start acting like a Director, confirm back what is agreed over email, return as planned, project calm confidence, sort any remaining issues when you return.

Good idea. I think i might just do this..

As a HR Director (proper one) I agree. You don’t need anything else.

Withholding KIT days is just impacting your own pay and any goodwill towards you.

Yes another user said this above. I will do this. I will email my understanding of the agreement and my new holidays / pay and they can confirm.

Sorry if my tone is slightly off, everyone, I am getting a bit annoyed with being told I am unreasonable or saying god help your company.

I am paid for my experience and advice. I have seen cases where things like this have gone further (albeit it hasnt an isolated case like this). I have been gentle with my company and part of me is thinking "cmon guys". Before mat leave i had to always repeat "what does the policy say, we need to follow that" etc. Now it's me its like they've ripped them all up lol

But yes tomorrow I will send an email and be proactive. That has been making me feel rubbish too. Ie how much do I say? I dont want things being awkward but I know it isn't right. Refusing anymore kit days is probably immature but it has been me arranging them all.

I think that people are trying to point out that you’ve had an agreement in writing (text). Standards have obviously slipped in your absence which puts you in a good place.

You are obviously someone who does things by the book and this situation wouldn’t occur if you were the advising HR manager.

but your title says you’re feeling unwanted. You’re suggesting suspending KIT days, referencing unfair dismissal etc. Which all seems inflammatory.

You seem to be (very understandably) conflicted about returning from mat leave and this is making you feel even more nervy.

thinking logically, is there any reason to believe the agreement won’t be honoured? Wouldn’t it be best to take them at their written word and then sort out processes when you return? Make it your project to update knowledge and training and ensure that senior team notice your efficiency.

Many fellow mums on this board will sympathise with your feelings at the moment (including me), but I do feel that you’re making this into something more than it needs to be.

try not to let this spoil the remainder of your mat leave.