Can i ask to return to work in a different job?

[VICSMAC]

My current job is very deadline intensive. I've returned to it once from maternity (4 days down from 5). Going on maternity leave again in 3 months and although i do want to return to work I don't want to return to my current job because i don't believe it is compatible with having two preschoolers. Does anyone know where i would stand if i tell my employer before i go that i want to come back to work but to a different role? Would i negate all my rights?

Not sure about telling them before I go, but I went back to a different job (same employer) after mat leave. I saw the advert, applied and was interviewed whilst on mat leave. I am not sure you would negate your rights to employment, as your employer has to keep open your job or one at the same level. It might depend on vacancies available though!

Well, you don't have the right to a different position, but a good employer would (I hope) try to accommodate you. The more research you could do to find the position you want - so you can present it as a solution - the better you chances of persuading them. Do you already have something in mind?

They may however make your move to the different post a permanent change, meaning you would have no automatic right to have your previous position back. Any permanent change should however be recorded in writing, so everyone knows where they stand, and would be better done on your return from maternity leave (ie first day back into new post).

Thanks that's helpful. Permanent change is no problem as it fits with my wider career development objectives but there is no obvious alternative at the moment. I do think they would try and accommodate me and to have the best chance of that happening i think the notice would be helpful but obviously i don't want to be in the position where no alternative can be found and because i have said i don't want to come back to my existing role I've effectively resigned. Existing job would be better than no job!

You wouldn't negate your rights, no. I'd suggest just having an informal chat with your manager about it. Say you will be fine coming back as before however thinking long-term, you would ideally prefer to come back to [x] job, so could he/she bear that in mind as and when vacancies come up during your leave, and of course you will keep an eye out for roles as well.

If nothing comes up you won't have resigned from your existing position.