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do I have the right to change my mind?

9 replies

reallacecurtains · 18/11/2011 10:54

I have arranged to go back to work for 2 weeks part-time (0.8FTE) at the beginning of December and then I will be on 2 weeks' hols (teacher) before returning FT in January. DD will be just 6months old but I will have had 7 months' maternity leave.

I made my decision to go back early for financial reasons as dh is frankly struggling to set up his own business and has been temping in a poorly paid job. Dh will care for dds ( dd1 is at primary school). It will be a big commitment for him and I will have to express at work etc as dd2 is purely breastfed, although will be starting on some solids at about the same time I go back to work.

I am reluctant for anyone else to care for dd2 at her young age.

However, dh has just told me he has been offered a permanent job (substantially less well-paid than mine)with those he's been temping for, and we're considering my options.

With only 2 or so weeks to go, I can't legally postpone my return to work at such short notice, can I? And once I go back to work, can I change my mind and go back on maternity leave? Seems like dithering to me, but dd2's well-being is v important to me, of course I will find it a real wrench to leave her so young.

OP posts:
sanam2010 · 18/11/2011 13:12

yes you can. not sure about the legal side but you can work it out with HR if your bosses are supportive. I actually changed my mind once I had already been back for a few days and asked them to be flexible. I thought they would think I am crazy and fire me on the spot but they were actually very understanding and supportive and did all the paperwork to put me back on mat leave for the full year. If you feel like that's what you want to do, just act fast and ask for it. I have thanked God for my decision to spend more time with DD every day. I was there when she learned to crawl, walk and say her first words and now she has turned into a happy and confident little toddler who loves nursery and I feel much better about going back to work.

BranchingOut · 18/11/2011 14:05

Yes, you can do it. But get onto it ASAP, as your school will need to get a supply teacher in for January.

However, I suggest then postponing your return to as close to the end of the school year as possible, otherwise it will be more tricky to recruit a supply teacher. Also, you don't want to return right in the middle of assessment/report writing season (if you are primary). When did your mat leave begin?

Remember you can add on parental leave to maternity leave if you want - look it up.

hairylights · 18/11/2011 14:21

I believe legally you have to give 8 weeks notice to change your return date. However your employer may negotiate. You do have to see it from your employers perspective too - two weeks notice isn't much time to find cover .

hairylights · 18/11/2011 14:22

And no, once you are back at work you can only return to mat leave for a new pregnancy ... You can request unpaid parental leave though.

reallacecurtains · 18/11/2011 14:47

thanks for your advice. I'm not a primary school teacher but in FE. Still thinking about it.....but please do add further comments

OP posts:
RickGhastley · 18/11/2011 14:50

Hairylights is right, you legally have to give 8 weeks notice of a change to your return to work date and once you are back at work you cannot change your mind and go back to MAT leave.

Suggest speaking with your employer ASAP as they may be willing to forgo the 8 weeks notice if eg your maternity cover can stay on a few more months?

Re parental leave: This may not be an option for you this late in the day.

You are required tell your employer about your intention to take parental leave at least 21 days before your mat leave ends . Even if you give the required 21 days notice your employer can postpone giving you the leave for a period of up to 6 months if they have a good business reason for doing this - eg other staff will be on leave, the leave will be detrimental to the business/school etc

reallacecurtains · 18/11/2011 14:50

and, branching out, my mat leave started at the beginning of May.

With dd1, I worked on Saturdays starting from when my SMP ended but did not go back to work every day part-time until she was 15 months old, so, sanam, I was there for all those key moments with her.

OP posts:
BranchingOut · 18/11/2011 15:52

I would look at your contract and terms/conditions of service ASAP.

Could you contact HR?

callmemrs · 19/11/2011 10:20

I think you need to speak to them asap.

I'm sure you have to give more than a fortnights notice, so you will be relying on their goodwill to negotiate. Tbh I would have thought its best to either stick with the original plan and find other childcare (your dds will be fine as long as you find reliable good care) or stay off so they can find someone to cover from now. I think returning part time, then dipping out Again and expecting to return part way through the academic year is messing your employer and students around tbh.

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