Flexible working request turned down

[InsomniacDormouse]

Hi, need some advice about my rights regarding returning to work.

I'm due to return to work after mat leave in March. Previously I worked 32hrs a week over 4 days. Unfortunately my current childcare (where DD2 was due to join DD1) has just announced they're closing in Feb. Due to the large number of children looking for a place in the area, needing 2 spaces and needing to use the 30 free hours I cannot find a suitable replacement.

I put in a request to work 28hrs condensed over 3 days, one being at the weekend. My boss has turned me down and said I need to do 32hrs but I can work one day from home and fit my other hours in the office between 10-4 on any days Mon-Fri. This really won't work as there's no one to take my DDs and I can't work from home with them here. I plan to go back and negotiate but hold out little hope. My main query is can they insist on me returning to 32hrs a week? If i can't return to work how long do employers usually expect you to take to pay back any mat pay?

I'm so stressed out about this!

What reason did they give for denying your request?

Did you think about anything except your own childcare arrangement needs when submitting your request, such as addressing any concerns about the impact of the business?

Is the weekend normally a working day for your job (not the company, your job specifically, or is it mon-fri?

Their reason for turning me down was that my job spec had changed while I've been away and I'm now expected to manage staff. I am expected to work 32 hrs so as not to place extra burden on the other managers (who have been taking on my role during my leave with no additional staff).

I gave a number of reasons why my adjusted hours could actually be beneficial to the company and that I would still be able to perform my job (before I'd seen my revised spec). Ordinarily our company hours are mon-fri 9-5 but we've all needed to do overtime in the past to keep certain projects to schedule. Our suppliers work over the weekend so I would be able to liaise with them and expedite certain projects when normally they'd be stalled out of hours.

I've no idea if it's ok for them to have added management responsibility to your role whilst you're off, presumably it wasn't just your job that changed but everyone doing the same job had the same change?

I can see why they won't agree to you working at the weekend as one of your regular days - even if you do do overtime sometimes, your company's normal working days are mon- fri. No one in my organisation would be given an agreement to work on a weekend day as a contractual entitlement (and flexible working changes your contract) as it isn't one of our working days - but sometimes there is urgent work to be done over the weekend.

I also see their point of you needing to be there 32 hours to manage people - why should the others do your management just because of childcare? That isn't to say they can't agree to it, but I can see why they won't.

One day home working sounds fair though, at least they are willing to make some accommodation. Can you muddle through until a nursery place comes through?

What about their dad, has he requested flexible working from his employer?

That's what I was afraid of. It's all fairly reasonable on their part but won't really help the situation.

DH works for a tiny company and he has to work 9-5 Mon to Fri or there's no one to do the job. Family can't help either so I'm a bit stuck. Back to the drawingboard for me.