Back to work

[MelissaAmyy]

Hello ladies,

I was wondering if anyone has any advice or has been through the same. I'm due to go back to work on 21st August as that's when my maternity leave finishes and I want to go back part time, but work rang me a couple of days ago and have changed my return date to the 1st August and said I can't go back part time! There is literally no way I can go back full time and I've been stressing about it since they've said this! They have also said if I don't go back I have to pay all my maternity pay back, but I'm on SMP and I've been researching and it says if I hand my notice in before I do back to work I won't have to give any money back or anything.

Any help would be much appreciated. Thank you🙂

Also during maternity leave to company got brought out and changed companies and I have t signed no more contract if that makes any difference x

Did you receive written confirmation including return dates when you let the company know about your pregnancy?

Was 1st - 21st going to be annual leave?

Lots of issues, what does your original communication day re return to work?

Did you submit a flexible work request to go part time? What was their reason for refusing?

You don't have to repay SMP. Anything above SMP it depends on company policy regarding paying it back.

I have a letter to confirm my date to go back is 21st and I was not told I have to come back full time x

It's assumed you will return full time unless you were part time before. So you need to properly request flexible working.

If your return from maternity is 21st August then you don't need to go back until then, as long as that is your return from maternity and doesn't include any holiday.

What if it is holiday should it matter?

If it is holiday, it's generally taken at your employers discretion - so if they think it serves the business best for you to be back without that period of annual leave, they dont have to let you take it (though you'll obviously be entitled to take it at some point)

Employers can cancel annual leave so if the end was annual leave, they are within their rights to do so, although it's pretty rubbish when you are returning from mat leave. They can turn down flexible working but if you put in an official request they do have to consider it. Did you get any extra pay at the start, often called OMP on payslips.

No I got nothing just on smp

At this rate I'll be just handing in my notice as I can't go back full time

Did you have a conversation with them about going back part time? They are under no obligation to change your hours or work pattern if it doesn’t work for the business.
If you just got SMP there is nothing to pay back if you leave.

When did you submit your flexible working request?

Only a couple days ago

Have you had a full year of maternity? I’m guessing not as you’ve said you’re still getting SMP. If you haven’t had the full year then they can’t force you to go back earlier than you have planned. It may mean that the three weeks of August would be unpaid though if your SMP runs out on 1st August. Agree with the others though that if you hadn’t already agreed to go back part time they’re not doing anything wrong there.

It's full time unless you have submitted a flexible working request that has been approved
No automatic right to return part time