Flexible working request refused and urged to resign during maternity leave

[TheHazelViewer]

Hi all, just wanted to get some perspectives and hear what you might do in this situation.

Currently on maternity leave & my flexible working request was rejected due to being unable to find someone to job share (there was NOT a thorough process but I can’t prove that). I appealed this & asked that they re advertise the job but take out the part where it says that a degree is an essential requirement - because it isn’t and this may have put applicants off. My boss said they might do that in future as a degree is not necessary for the job but they’re not going to do it just to fill my job share.

Lo and behold, a week later, a full time version of the same job and a more senior version of it has been advertised with a degree as not essential.

I had 3 months of enhanced maternity pay and part of my contract says that I must pay this back if I do not return to work for at least 13 weeks after my maternity ends.

Work told me yesterday that if I hand my notice in by Monday, I won’t need to pay it back. It needs to be Monday as they want to advertise and interview for my job with the other ones they have put out.

I’m actually heartbroken as I love my job but I just won’t go back full time as I want to spend time with my baby. This is a job I went to university for and it seems so sad that I have a few days to make a decision about my whole career. I have never done anything wrong there and have only ever been praised for my work, all I have done ‘wrong’ is go and have a baby 😭

I am due to return in July. What would you do?

They’ve refused flexible working, which they are allowed to and you now want to leave. It seems quite generous of them to allow you not to pay the money back? If someone else has left and it was not your job that was advertised then that’s not really relevant. It sounds like they did attempt to make your request work, but didn’t find anyone suitable. I don’t fully understand the issue, other than that it is disappointing that your request was denied.

I think the degree requirement is a red herring here tbh.

You haven’t answered the question op about what hours you were looking for exactly? Have you asked for specific days as well? It could be a factor when others have decided not to apply.
I’m not sure you have a say over their recruitment process.

I agree it sounds a bit weird that you say you went to university for this job but it doesn’t need a degree.

They are allowed to refuse a flexible working request. Are you able to reconsider and renegotiate on the hours?

I doubt they are going to recruit someone in time for July now are they.

I would say definitely call ACAS for advice. I’ve called them about a work maternity issue and they were very helpful and not to long a wait on the phone.

I think they’ve made you the offer of resignation as they know they aren’t going to recruit for a part time role before july so may have a better chance of recruiting a full time role in that short space of time.

What is the evidence here that they didn’t properly consider the FWR? They haven’t been able to recruit for the extra hours they need. Job shares can be tricky to work out in accordance with everyone’s needs.

What ‘alternatives’ would you be open to discussing with them op?

It’s really hard returning to work after maternity leave but I wouldn’t resign. If you can use KIT days or annual leave to phase a return for a few weeks then you’re into the summer holidays that might help but otherwise I would go back ft and try to look ahead to the summer. Once you’re back at work you may have more leverage to get them to readvertise, find a js partner yourself or a pt role at another school. Alternatively you might find the ft role not ideal but just about manageable.

What sort of work pattern would your hypothetical job share be expected to do? I've seen it before when a colleague went part time in a way that suited them but left behind a lousy work pattern for a job share that they struggled to fill. Is there any room for compromise here?

Go back. Employ a nanny.
See how that goes. Try to find someone to job share while you are employed.

I returned to work at beginning of half term summer term, did the 6 weeks of 2nd half of summer term full time and finished end of summer hols which covered the full 13 weeks. It was tough leaving my baby but luckily I had my mum doing child care and for only 6 weeks of work it was very worth it.

I'm intrigued to know what the job is. It can't be teaching or TA because of the needing then not needing a degree, so I'm guessing office staff. It sounds like they want you out, which is really horrible.

You work in a school…in that case, are you in a union?

I asked for a 50/50 split with a job share partner or 3 days. They asked if I could do 2 days instead which I agreed to.

I said I was fully flexible on days apart from 1!

Completely understand the time restraints if I had been last minute about it, but they had from January when I originally applied!

In which case there is a timetable they have to stick to in terms of how long before they get back to you. You then have a window in which to appeal. Have they kept to that?

Are you in some sort of bursar or other finance role?

Go back and see how it goes, seriously. I completely get that you don’t want to leave your baby - I almost quit every job I have had when having to go back after my 3 but I’m so bloomin relieved I stuck at it both for my career, sanity and my own financial security. If you DH is going part time (this isn’t clear) then that’s great (if he is planning from wfh with a baby and then toddler then that will not be possible ultimately - no work place would agree to paying someone long term who is doing childcare instead of mind in the job - so you should be very careful about him being out of work when you have given up your job too).

I think you have to live in the real world here - they have offered you a generous ‘settlement’ if you want to go now. It’s not pushing you out, it’s saying if you are going to go then let’s make it easier for both of us. The degree is completely irrelevant - that’s just your opinion. What they said to your colleagues regarding wait for a f/t position which you have presumed to be yours - well it isn’t, someone else has left but even if it was then perhaps the colleagues preferred full time to a part time job share and were told it was maybe worth waiting. Not to force you out but because you yourself have told them full time doesn’t work for you.

Don’t go off sick for 13 weeks - I’d have you thoroughly investigated for this after you’d made a song and dance for not being given a job share.

No, it’s so baby will have someone to drop off/collect from nursery when I’m at work as I wouldn’t be back in time

Companies can block you doing this. Its quite common to not allow it

If you work in a school surely you have a union rep? They should be able to help you with this.

Where are you getting all this information about the conversations that were had with possible candidates for your job share? I assume from colleagues. It may be that officially they have done everything correctly and you’re relying on hearsay to show the attempted recruitment wasn’t done properly. Sounds like they interviewed people so they did run a campaign.
So assuming they have done things correctly. Would you rather for back for the 13 weeks full time or resign completely if your preferred option isn’t available? Sounds horribly stressful. If you can’t decide then accept the full time return as you still have options although you risk losing the EMP.

Yes, support staff. TEACHERS are graduates. Degree and PGCE (post graduate certificate of education OR post grad equivalent) is the basic requirement.

(Although, I'm sure at some point we'll have non-professional teachers because they'll be cheaper.)

But I agree, regardless of her role in the school, it's not fair. Any member of staff should be treated equally. And I think actually, finding a part-time teacher to job share would be very very easy, probably easier than support staff. Loads of teachers want part-time work and it is very hard to find schools that will accept it.

Do you work term time only? If so, return to work before the summer holiday, then you will get paid full time over the 7-week holiday, which will also count towards your 13 weeks back at work. You then only have 6 weeks left to work before you can leave without paying back any of your enhanced maternity pay. If you still haven't managed to negotiate part-time hours, it might then be time to leave.

While I fully agree that you should take legal advice here and you have today to make those calls, battling these things can be extremely time consuming and costly.

You do not want to end up quitting later and paying back the maternity pay. But maybe ask for an extension on making a decision? End of next week? Monday is a bank holiday after all…

You are not being treated fairly, but consider what is right for your family long term. If your industry is small, this company could gossip and damage your chances of getting a job elsewhere.

A lot of people are mentioning annual leave - if the OP is a teacher, she can’t choose when to take annual leave.

It’s obviously not a TA job as people are crying out for those jobs so my guess is that it’s pretty specialised. Unfortunately schools are battling shrinking budgets and job shares are more costly.

Okay so its a school.. this is a budget saving measure then (two part timers will cost more than one full timer)

Speak to pregnant then screwed