Boss demands to know my return to work hours - baby not born yet!

[SJC74]

Hello All,

I'm in a fairly stressful situation at work at the moment and need some advice/tips.

I am due 30th March and finishing for maternity leave on 7th March.

I handed in my letter confirming this on 13th December. I know I don't qualify for SMP (hadn't worked here long enough) but can apply for Maternity Allowance. In my letter to my line manager/boss/company I had to spell out exactly what they needed to do, that they needed to give me a FORM SMP within 28 days of my letter. Come day 27, still no form from them. So I chased and they panicked and threw something together in a day, whilst making me feel like a burdon.

The owner of the company keeps asking me out right, in places like the kitchen, in front of colleagues, all sorts, what I plan to do hours-wise when I return to work. I have absolutely no idea. The baby isn't even born yet, we have no idea what we're dealing with, how we'll cope, how to investigate child care (we are first time parents, so haven't a clue yet), whether my husband's job will change, whether I'll want to come back fulltime/drop a day or two.

I am finding it stressful and unfair that he's asking me to decide NOW. I'm pretty sure there's no legal reason to ask, or company policy in me deciding.

I understand the laws of making a Flexible Work request are that you can only do one every 12 months, so I'm certainly not putting anything in writing now that wouldn't be feasible in 9-10 months time.

He wants to know this week and I just keep dreading him coming over to me asking me to decide.

I know that I WILL be returning to my job, but they obviously need to hire maternity cover. I am sure he's asking because he wants to justify to the board giving someone a permanent position based on what I'll come back to. But that's not really my problem, is it?

I WANT to say 'I cannot make this decision before the baby is here and we know what we're dealing with. At best I'll return full time, but I may reduce my hours. I will confirm this in writing to my line manager/HR within the time-frame required to make a flexible work request"

but I just KNOW he's going to say 'no, I need to know now' and we'll reach a stalemate.

HELP!

Just say you will be going back full time and then when you decide what you really think is realistic then you can say circumstances changed. That way you have the option of the full time job and won't end up losing that option?

You can still do your flexible working request earlier than the final time frame, I did mine when my first was 3 months old

Actually, what he's doing is illegal. He's not allowed to ask.

www.gov.uk/government/uploads/system/uploads/attachment_data/file/32175/10-1169-pregnancy-and-work-employer.pdf

Thanks Enb76, I've read that, but can't single out a particular line/paragraph that I could show to him or my line manager to say they're not allowed/supposed to ask. Can you help??

Have inboxed you - basically he must assume that you're taking 52 weeks, if you want to return earlier you must give him 8 weeks notice of your return in writing. Harassing you about a return date is discriminatory.

Obviously you have no idea now what's going to happen after the birth of your child so cannot give him this information anyway. Say what you want to say and tell him that by law he has to accept that it's 52 weeks and that you'll give him 8 weeks notice of any change in plan.

Thanks All,

They have confirmed they know my return to work date, and they're fine with it. However, they demand to know whether I'll return full or part time.
I think it's because the people they're interviewing for my maternity cover don't want a temporary position - they want a permanent role. So he wants to justify it to 'the board' to recruit someone fulltime permanently based on the fact that I'll return from maternity in April 2015 on reduced hours. But I can't make that decision yet, so it's not my problem.
They're making it difficult for me!

Exactly, it's not your problem. Call Maternity Action for the legal lowdowns. 020 7253 2288