Problems with returning to work following additional maternity leave

[Trinab75]

I am due to return to work on 11.12.07 following 6months OML and 6months AML-although due to having holiday left it would actually be the beginning of January I go back.

I am a dental nurse and have worked for the same practice for 14years+, the last 7 years on a part time basis following the birth of my first son.

I went in for my return to work meeting yesterday and explained I would pretty much expect and like my old job/hours/days back on my return but would obviously give as much flexibility as I could, ie I know my boss wanted me to work a Monday rather than one of my 'old' days as it is always busier, hence I had offered to do this allbeit unwillingly and also maybe dropping a few hours to suit him, as this has seemed to be the general feedback I have been getting recently.

Anyway I was shocked and upset to find, he doesnt seem to want me to come back at all, he asked if I had not thought of the possibility of staying home full time and whether I actually really wanted to return, I explained that yes I had enjoyed my leave but was now wanting to get back to 'normal'.

He then said he only had 2 mornings work for me helping out on reception! which he could prob stretch to 2 days-also he has offered me only both the days which I did not work before which creates huge practical problems for me which I explained to him yesterday.

I kept things quite light although made it clear I was not happy.
I am majorly upset and stressed on so many levels about this, I am a qualified dental nurse with more experience than most of the other nurses, not a receptionists assistant (although I quite happily do this when required) also having had my hours dropped I will be struggling financially and my days changed makes childcare more or less impossible now.

I asked the manager how this could be as I thought I had rights and she said it was all down to his discretion and due to staff changes in the practice and within maternity practice, this was all they could do for me.

Sorry this is so long my partner is away in the states at the mo and I have no one to off load too,I am worried re taking it further and causing a fuss as it makes for a difficult environment in such a small practice, but it all feels very wrong and unfair, I was actually sick and unable to sleep most of last night as a result of all the upset.

That doesn't sound right
I am probably out of date. But I thought you were entitled to the same job after OML and a same level job after AML.
Therefore still a dental nurse (but maybe for a different dentist) and the same hours

Looking at all the maternity info sites, they seem to say you are entitled to the same job at the same level unless it "is not reasonably practicable" ie in cases of redundancy but I cant see how it can be applied to my case and explained off as my new hours etc being down to my boss's discretion due to change of circumstance within the practice.

They seemed quite confident they had the right to ask this of me.

Thanks for getting back to me

I'm sure you should definitely be entitled to the same hours as before and the same pay, even if a slightly different job - better contact one of the maternity advice organisations or check the govt website and get someone to write officially on your behalf.

They're talking rubbish. You're entitled to your old job back, or an equivalent one (e.g. same job, different dentist to support).

If they have a redundancy situation, for example because they need fewer nurses, they might have a reason to offer you the other position (in that situation, a good employer will tell employees of every possible vacancy they can find internally, even if they're more junior). BUT this would need to be a proper redundancy process and also involve the other nurses (I presume that there are some). Also, as an employee on maternity leave, you also get some additional protections on redundancy.

Go back and say it's not on (nicely at first, then with a lawyer if you need to!).

Thankyou all for taking the time to provide me with some advice, it seems its pretty much as I thought and not on at all.

I wouldnt mind covering more time on reception, or changing my hours slightly or even dropping a few, but it really is something entirely different they are asking.

The situation was the dentist I had worked 7 years for left last summer, she was replaced by another dentist who actually does more hours, whom I worked with from late summer until I left in December. They took on a new junior member of staff whom I trained up who is doing that job, regardless of the hours the other dentist dropped.
Incedently the replacement dentist has requested a preference to having me back on my return due to me having more experience etc.

There are 4 other nurses only one full time and no other jobs have been changed. The only change is that a dentist I do not work with has dropped their hours and my boss is complaining he may have to close the practice in a few years due to ill health, these are apparantly now MY problems as of yesterday.

I think I will compose myself and gather some more info for a few days and then approach the manager again requesting a 2nd meeting at which I can bring up all the points people have raised, as I really was not prepared to have to fight for my return to work yesterday.

Thanks so much again I really appreciate all your advice