On maternity leave, boss not interested in letting me reduce days and hassling me for return date!

[docket]

Sorry, this is dull, dull, dull but if anyone knows anything about the rights and wrongs of this I'd be very grateful.

I went on maternity leave on 1st June 06. Previous to that I worked 4 days a week (after having 1st child in 04). I've asked my boss if I can work 3 days and he's basically said 'no', without really explaining why. The job they are wanting me to go back to do is different and much more arduous (although on same level) to my old one and he's not answered my questions about that either. And despite having told me before Christmas that he knows I don't have to come back until this June he is now hassling me about my likely return date. I'm sure he's not allowed to do this?! I don't want to have a massive barney with him as I may have to go back 4 days a week. But knowing he's being out of order might be useful if he continues to be annoying...

TIA

Docket

I never understand why anyone wants to prolong their time at home with babies actually so I find these threads hard to follow. Get back ASAP as full time as you can to get a break!!

But legally look at the DTI web site under Employment Relations. You do have a right to request but not necessarily be granted flexible working and a procedure has to be gone through before they reject it. It may well be the job can't be done in 3 days not 4 though - it is not an absolute right. If your nanny suddenly said she wanted to work half the week most of us would have a fit and many smaller employers just can't cope with 2 staff doing one job, others in different companies find it works fine.

Are you being asked to go back to longer hours? I don't think that's lawful unless you agree to it.

On return dates I think there's a statutory procedure and dates by which you have to notify them although if you're happy to do so it's helpful for employers to plan if you can say when you will be back and gives you time to sort ouf child care and everyone to know where they stand if it's sorted out earlier.

docket, your boss is skating on thin ice on all fronts.

My understanding is that your boss is not allowed to hassle you for a return date - not certain where this law emanates from but I'm sure this is the case.

He is required to give due consideration to your request for reduced days under the flexible working regulations - they prescribe a set procedure to be followed ie written requests, meetings, responses, appeal etc. See dti website. But it is largely box-ticking and IMO toothless because your boss not does have to grant it if he can give "business reasons" for refusing your request. Important thing is whether they have allowed others in your position to work 3 days? If so, difficult for the company to justify not giving you the same terms.

As for changing the job to make it more arduous, that is wrong. They need your agreement. The company must at least keep the same job open for you (4 days). If changing the job means you cannot perform it, then you might have a case for constructive dismissal - an employment lawyer is the best person to advise.

Does your company have a HR dept? They need to know what your naughty boss has been up to.

Thanks both. I totally understand it is easier for them to plan if I give them as much notice as possible but the fact he is really hassling me without responding to my questions about how the work will change and why I can't do 3 days is not making me feel particularly co-operative.

BS, there is an HR department but to say thay are useless would be putting it mildly. Will check out the DTI website Xenia, thanks.

I would put in writing what you want and keep a copy of the letter once you've checked your rights - e.g. when is the right time to make a formal request for flexible working etc.

I employ staff and had somebody off on maternity leave recently. I was told by acas that if she had been employed for 6 years that I should assume that she would take the full year's entitlement which she did and she gave me 3 mths notice of her return rather than the required 28days notice. I didn't hassle her for a return date nor would I have been allowed to.

Re: your request to work a flexible week, you have to make the request in writing and your employer has to consider it and is not allowed to say no straight off. He can ask you which days you have in mind and to come up with a solution as to how it would work for him to consider. After he considers it though he can either say yes or no but he must consider it otherwise he is guilty of sex discrimination. My employee asked for a 4 day week after working a 5 day week which I considered but was not able to grant due to a small workforce and the demands of business needs. She can ask me again in 12 mths time. Ring acas if you like on 0845 747 4 747.

AFAIK, they only have to keep the exact same job open for 6 mths. After that, they can offer you something similar on same pay etc, but not necessarily your old role back (as you have been offered). At least, that's how it works in my firm and they're VERY hot on employment law. As Xenia said, you're not entitled to flexible working; just entitled to ask. You could also request a transfer to another role with suitable hours.

Regarding your return date, I think you need to check what your original materniy leave letter said regarding when you have to give them notice. With me, they assume I'll be off for a year and I have to give two month's notice if I want to go back earlier, or not at all.

HTH.

And I think there are some changes in April but that just may be for babies due after that date not to notification of return date for babies born before but I'm not 100% sure.

Hi docket

I would contact ACAS for advice they are excellent and are up to date with all the employment laws and requirements.

08457 47 47 47

I hope that helps you

Helen

docket, you could be my cyber twin - I went into work yesterday after having my third child in November to discuss my return to work. I had twins in Nov 04 adn went back 4 days a week after they were born. My boss had agreed verbally to me going back 3 days but has now done a huge about turn and said no, I have to do 4........I am in a big quandary too about what to do - but all the advice seems to be as people have said on here to check out your rights re flexible working on the DTI website.

Re you return date to work - if you have worked at the company for over a year, they have to assume that you will take your full complement of maternity leave (i.e. a year) and if you want to do any less than this you have to give them 28 days notice of your intention to return to work.

Let me know how you get on!

docket - I don't have anything else to add but you know I think your boss is an arch twunt and I wish you all the best with this. Would emphasise the need to start getting everything in writing. May be useful later but is also helpful at this stage as it will make him think before he responds.

He's still a twunt though.

No, this isn't dull - its very important and it can cause a lot of stress.

You are entitled to your same job on same terms and conditions even at the end of the year UNLESS it is not reasonably practicable - and that is likely to mean that the job no longer exists and they would then have to offer you a suitable alternative, same level and terms and conditions etc and similar responsibilities etc. If the job is redundant during your leave that is a completely different game. They can't just get a replacement and say its no longer available.

My boss is hassling me, I wrote a very curt letter saying "as you are aware i am entitled to 1 years maternity leave, please be assured that i will notify you if I decide to return early". His cock up (well one of them) was that he didn't write to me in 28 days of my notification to say the date (june this year) that i would be expected back so technically I could just turn up tomorrow without giving notice as he hasn't followed the procedure and how do I know I'm returning early if he never told me when I should return!

With regard to a different job, they have to give full reasons why your original job no longer exists. ACAS as suggested by others will help with this.

Flexible working, write with request and put your case forward to how it would work/benefits etc. They have to hold a meeting in 28 days then notify you of decision in 14. You can then appeal if its a no. They can only turn it down for 8 different reasons - have to give an explanation (google - flexible working for dTI guidelines for employees and employers) but part of my job in HR is dealing with flexible working requests and generally a company can manipulate the reasons to suit the business - its easy to work round in other words (but at the expense of a potential tribunal).

Let me know if you need further help

There does seem to be a problem over 3 days. I've come across it a lot. 4 days can just about be managed because it's virtually full time. 3 days seems to tip the balance of what can be managed by some employers. Sometimes finding them a solution helps a lot - eg presenting them with someone else who wants to job share and say he gets two people, slightly more hours, saves money and gets better happier workers, win win all round.

ACAS arent that fantastic, IME. Check out the DTI website, and also the equal oppportunities commission website.

You are being unduly pressured, and, I strongly suspect your manager doesnt fully understand employment law regarding maternity leave and flexible working applications.....Its worth reading up and finding out what you are entitled to.

Haven't really got more to add than anybody else about the legal side of this, but having successfully applied to work flexible hours, I would say that the main thing is to think of a way that it would benefit the company for you to work different hours. E.g. perhaps you working 3 days a week would mean that they could benefit from keeping your experience and expertise for less cost than they would have to pay you for working 5 days a week, while being able to take on somebody new to train up?

Thanks very much for your helpful comments everyone. I am going to get arm myself with all the facts and then write him a formal letter. And yes Beansprout, 'twunt' just about covers it.

Docket look here
There's a section called "are you entitled to apply for it" and I assume it will give you the legal stuff too......