Problems about returning to work after maternity leave

[harassedandherbug]

I'm on maternity leave at the moment. SMP stops at the end of August and I want to tack some AL onto that to get dd back to school.

I was working 30 hours over 4 days previously. I popped into work the other day to speak to my boss about going back. Ideally I'd like to do 3 full days a week so told him this, that I didn't expect him to agree there and then but that I wanted to get the ball rolling to sort it out as I have to give him 8wks notice if I want to go back before the full 12 months is up.

First he asked how I'd feel about less hours but couldn't tell me how many, then he said he only has to give me 12 weeks notice.......At that time I didn't realise exactly what he meant, otherwise I would have pursued it, but afterwards I realised he meant notice to terminate my employment!!! On what grounds I've no idea.

He wants to keep my maternity cover on, and there's the guy that works for me too but he reckons he has about 60 hours a week to cover.

So what do I do now?! My dad says I should email/write to him giving my 8 weeks notice of my intention to return to work and just take my old hours as that's legally what I'm entitled to. Is this the correct thing to do?

The other thing is I had spd and was on crutches for a lot of my pregnancy. I was signed off sick for 4 weeks which he wasn't happy about at all. I went back when they moved me downstairs but ended up being signed off for the rest of my pregnancy at around 33 weeks.

If you've been off for more than 6 months but less than 12 then you are entitled to go back to either your own role or an equal alternative role within the company (same T & C, same pay, equivalent responsibilities). Your employer does not have the right to keep your maternity cover on and make you redundant although he could technically keep them on and move you sideways into an equivalent role.

You are entitiled to request a reduction in hours as part of a flexible working arrangement, although your employer may refuse this if they can prove a sound business reason. In these circumstances you would still be entitiled to work your previous hours.

Sorry, posted too soon

Is it a big or small company? Sounds like your boss is either ignorant of the law or trying it on. I think you should send back your notice of intention to return to work as you would have done if you hadn't had this conversation with your boss. I might be tempted to get an acknoweldgement from him that you will be returning prior to putting in a flexible working request. I don't think they necessarily have to be done at the same time.

It's a small company.

I think its a bit of both: ignorance and trying it on. He very much wants everything his way regardless and most definitely will bite off his nose to spite his face.

I wasn't looking forward to going back (have been looking for something else but not found anything so far) but now I'm dreading it. I've seen how he treats people....

I spoke to ACAS today and they suggested that I send an informal email to my boss asking him to clarify what he meant by 12 weeks notice.

What do you think? Good idea or not?

I personally would just treat it as if I was going back and issue my return to work notice. In your position I would probably hold off on the flexible working request but that is just me - no legal reason why you should.