Change to hours on return from Maternity Leave

[FifiForgot]

I am currently on maternity leave with my 2nd child, due back in January. I have just come back from an informal lunch with my line manager.

She told me off the record, that the job has proved difficult to cover on 4 days a week and that they have decided that it has to be full time. I will, apparently, be getting a letter from HR to that effect shortly and will be invited to a meeting to discuss things.

I am a bit stunned to be honest. I was expecting to have a bit of a chat about how we would manage my return to work and I was going to gently explore the possibility of adjusting my hours slightly to work over 5 shorter days.

I do not want to work full time and I am terrified that they can make life very difficult for me (they have in the past - flexible working request refused for no real reason, demotion by 2 grades when I finally did manage to drop my hours to 4 days a week). DH is furious and has started talking about lawyers and tribunals. I am trying to calm him down, but really, I am at a bit of a loss.

Can they do this? If I refuse to accept a full time job, where do I stand with regard to paying back maternity pay?

I hope someone can help, I was hoping that this time my return to work would be stress free and easy, well as easy as it can be with 2 children!

Were your hours 4 days a week before you left? Was it working ok?
How long have you been on maternity leave?
Is this the same job?

Hi Flowerybeanbag

Yes, I was working 4 days a week before I left. It was working ok as far as I know and had been for a year or so, no-one had said that things weren't working.

I went on maternity leave in January this year, but actually left work in November because I had a year's worth of leave to take.

It is the same job, same office, same desk, same boss.

I couldn't get any info on WHY they want this change, other than it has been hard to cover my post. I know that I am not entitled to the same job back after a year off, but there was never any suggestion that I would not go back to my job. I have worked in the same role for over 10 years for the same boss and it has just been assumed (by both sides) that I would come back.

Fififorgot

Agree to go back full time then stick a flexible working app in :)

If you were part time before you went back, that is your contract. Just because you took AML doesn't change that.

It's a change to terms and conditions if they try and do this, and would need to treated accordingly.

I would hold off on all the talk of lawyers, etc until you actually here from HR. I have heard of more than one case where a manager planning this type of thing got stopped in their tracks by HR advice...

Thanks RibenaBerry. I'm trying to calm DH down, but he is rather annoyed!

Sadly, I think that this is a "done deal" and I get the impression that HR have already been consulted. From what was said yesterday, and from bitter experience, HR will basically find a way to achieve what my boss wants. She is "The Boss" which makes things a bit tricky. Indeed, when I went back to work after my first child was born, my flexible working application was "discussed" with me by the Head of HR and I was basically told that it didn't matter how hard I argued, it would never be approved because my boss wasn't prepared to compromise.

This is why DH is so angry, after nearly 11 years of working for this organisation for the same boss, one demotion (in the same role) because I wanted to reduce my hours by 7 per week and one hellish run up to maternity leave, it just seems that they are determined to make things as difficult for me to return as possible!

I think I will wait until I get the promised letter and see what they have to say. Perhaps this is fates way of saying "give up working and stay at home"!!

Seeyouok - I don't think one single flexible working application has ever been approved. Most people either don't come back or just come back to their original role. I don't hold out much hope for one submitted by me, my last one was turned down flat!

In order to make your case you would have to provide evidence that it was possible to do the job you are being asked to do within the parameters discussed (ie: the 4 days.)

However if they have changed your workload in any way (acquisitions or new processes/systems) it would be very hard to prove as you have no working experience of these standards.

You could ask them to agree to lower your hours or flex them on the basis that the work is completed to an agreed standard within a timescale. It would be hard for them to admit that this is not an unreasonable request and wouldn't affect the business in any way.

beth - she was already working the 4 days before mat leave so she does not need to submit a flexible working request. Her boss is proposing changing her to full time without her consent and this is illegal.

Fifi - sorry you are being teeated in such a rotten way, but to be honest in your position i would look for another job. These situations rarely turn out well.

I can't advise re the legality, but could you argue that the job isn't working well at 4 days a week because a temp is covering it? If it's the same role you've been doing for 11 years your experience must be enough for you to do it on 4 days.

DancingHippo sorry I missed that bit- but I think you're right. Although Plumm does have a point.

I would speak to Acas. It could get very long and drawn out. But do let us know how you get on

Part of the problem would appear to be that the other part time person in the office is unwilling to cover the 5th day. Although this was made clear when she was appointed, she has never been happy to do this and since I have been on ML has refused to help in anyway. Partly because of a clash of personalities with my boss and partly because she is "empire building" her own role.

She has never liked being junior to me in experience and we had a sticky start, but I thought we had got over that. I know she has had a change of circumstances in her personal life and would prefer a full time job now.

She has been using the last year to build her case, and now feels justified in pushing for full time, the difference being that she is single and childless and a full time job would be easy for her.

I know that I can do the job in 4 days, standing on my head and covering the 5th day is easy, although this other person tries to make it very complicated!

I am leaning more and more towards the "sod them, I won't go back" camp, but DH is not calming down and wants to fight the change.

I'm still waiting for the letter from HR to see what they have to say and no doubt when that arrives, I will be back for advice!