My rights on returning to work

[ceeveebee]

i am currently on maternity leave with twins and due to return on 9 November 2012 (after the full 52 weeks).

I have been having discussions with my employer about returning part time. My role is a head of department in a plc, and is hugely stressful. About 2 years ago I accepted some additional responsibilities (supposed to be 1 day a week) which then ended up me working 70 hr weeks. So understandably I don't want to go back to that. I met with my boss at the end of April, and after discussion I have persuaded him that there is a business case for a new role focussing on the additional responsibility, and expanding this to 3 days a week. He agreed that this sounded a good idea and would confirm to me in writing

After chasing a couple of times I finally received an email 7 weeks after the meeting confirmed the likely scope of the role, all fine and what we agreed. But then there was a line saying "obviously this role is not the same level of responsilitiy as your previous role and so the salary will be reduced before being pro-rated", and said we could discuss when he returned from his hols (in fairness as I will not be managing any staff, previously 50 staff, but it will still be a very responsible role)

Having heard nothing more, I called him today and we discussed over the phone. He asked me what I thought about money. To cut a long story short he offered me a salary that is about 40% lower than previous (before prorating) and I told him my expectations which were more like 10-20% less than before. We both agreed to go away and think about it

So I guess my question is:

(1) Although I have had a meeting, an email and a tel con about this new role, am I still entitled to my previous full time role if I decide I want it, and if so when would be the last date that this entitlement ends? (having discussed with DH we would rather me go back full time then to take such a cut in pay)

(2) Are there any rules on reducing salary on return after mat leave? I assumethat as this is a new role that I have suggested then there won't be, but I just want to be sure.

Thanks

I went through something very similar a few weeks back when negotiating my return to work in a few weeks. If you take OML (first 26 weeks) you are entitled to go back into your same role with the same terms and conditions. If you go back at the end of AML (second 26 weeks) the you are not entitled to your same job but something comparible (i.e. same level) with the same terms and conditions, this includes salary although if you go back part time then pro rata. See this website for info.

So if you take your full entitlement then your boss does not have to keep your job open but ONLY if the needs of the business change, it's also important to note that if your job is currently being covered then they are not allowed to offer it permenantly to your cover and then tell you that it's not available to go back to. In my case they have done this to me but telling me that the job my cover is doing is new and the job I will be going back to will be the same as before I went on mat leave, which is not the case as it's a new dept, new job title etc. My point is that business is business and they will find a way around these things so be careful.

If I were you I would tell your boss that you would prefer to return to your old role full time on the same salary. If your boss has given this role away to someone else or decides it is no longer there then he MUST find you an alternative job which meet the same requirements. I would say this is your best bet of working at the same level with the same salary. He might be pleased about this of course, maybe by offering you less he was hoping to entice you back to your old role. Going back to your original question about pay on this new role, I suspect that you should be entitled to the same level and the same salary but he potentially could get around this by creating a 'new role' for you and you declining your old role. I would call CAB to see what they say.

However if I have learnt anything over the last couple of months I would say that sometimes it's best to take what you can and stay on good terms. I could feel myself when negotiating with work getting quite stressed, I knew I could take them to a tribunal by rights but that in the long term it wouldn't look good on me to future employers and I just want to go to work and come home to my little girl and so I effectively gave in - but I've got the hours I want to a boss who will be flexible with me.

Thank you izzy, yes, I think I will tell him that t unless we can agree on salary I'll come back full time. I don't think he'll want that as I know he has been working well with my cover (my boss joined the company only 2 months before I went on maternity leave so we haven't had time to build up much of a relationship) and hopefully he'll be forced to up my salary for the new role instead.

Ooh sorry lizzy not izzy!

Interesting, I would be inclined to agree with you, he's obvsiouly trying to get what he can from the situation. When I found out that my work had given my job to my cover I kept the knowledge to myself and used it to my advantage. I don't like to be devious but they're willing to be so you have to be too. I would just be confident about what you want telling him that you've thought about what he's suggested and that thinking about being a lower grade has given you some perspective and you've worked hard to get where you are and you want to stay there, even if that means being full time. What springs to my mind though is the 70 hours you mentioned. Are the additional hours something that you think he could give to your cover (lower grade and salary)? He's going to have to figure out a solution but it's his problem and not yours but do make sure you get it in writing if you can.

Thought I would update - after a couple of conversations (including one where I said I would come back full time instead) we've now agreed on a 3 day week with a salary that is mid-way between their initial offer and my expectations. Its still a big cut (20%) but I know it would be very difficult to go back full time, and would be pretty impossible to find a well paid part time role (where I can work from home sometimes) in another company so overall I'm happy. Thanks for the help!