Employee refusing to come back to work from maternity leave

[Beurre]

I work in the public sector and manage a small team. One of my staff is due to come back from maternity leave next week and has just dropped a bombshell that she's unable to come back as her marriage broke down and she has no childcare. I feel really sorry for this woman as this is her first baby and have suggested to my head of department that we give her some parental leave ( until she secures childcare) given her circumstances. Sadly, my manager doesn't give a shit about anyone and is pushing me to put pressure on this employee to come back even though I know this is almost impossible. Anyone had a similar situation? Surely we can't force this employee to come back when she has no support and is on the verge of a breakdown?

@MissMaple82

I dont get the no childcare. If she's now single, she will get up to 80% childcare paid if she makes a UC claim

Op only has her word for that , but it could well be her preferred childcare has no space at such short notice, as numbers of babies are restricted by higher staffing ratios. That is different to needing to work and coming up with a short term or even reduced hours solution. She could have applied for a career break or parental leave, for example but has left it too late to apply. Employee seems to have a negative answer to all suggestions except to pay her off.

When I say deny her her rights, I mean in the sense that she's entitled to apply for unpaid parental leave or compassionate leave under our policy but our head of department is refusing to consider this and said 'absolutely not. I know the situation isn't ideal as it's last minute and I'm sure I don't have the full back story of the employee's situation but recruitment has been a nightmare so I'd rather we're a bit flexible to keep our competent staff.

It's not last minute, she's had her holidays as well to sort this out and she hasn't. Has she formally returned to work/ended maternity leave to have the holidays paid? What would you normally do if someone didn't turn up for work?

Presumably employee is just as able to research her options and rights as you are, perhaps with more time available than you to do so. She is definitely pushing her boundaries.

@TheSmallAssassin

She will have built up a load of leave on maternity, so she could take that too. I don't understand why her marriage breaking up means she has no childcare sorted though? What was she going to do if they had stayed together?

Maybe her partner was going to do the caring.

More likely they had worked out the finances to pay for it but now the 'family' money has halved.

OP

Agree with her GP signing her off.

@Beurre

When I say deny her her rights, I mean in the sense that she's entitled to apply for unpaid parental leave or compassionate leave under our policy but our head of department is refusing to consider this and said 'absolutely not. I know the situation isn't ideal as it's last minute and I'm sure I don't have the full back story of the employee's situation but recruitment has been a nightmare so I'd rather we're a bit flexible to keep our competent staff.

She doesn’t want to come back though. She effectively wants you to pay her to leave. Compassion leave is not a right, it is totally discretionary.

@Beurre

When I say deny her her rights, I mean in the sense that she's entitled to apply for unpaid parental leave or compassionate leave under our policy but our head of department is refusing to consider this and said 'absolutely not. I know the situation isn't ideal as it's last minute and I'm sure I don't have the full back story of the employee's situation but recruitment has been a nightmare so I'd rather we're a bit flexible to keep our competent staff.

She is entitled to apply. Has she? With the required amount of notice? If she does and your manager refuses to look at it, then you will be denying rights.

She can't say on Friday that she's not intending to come in on Monday. That's not the way it works.

@TheSmallAssassin - she used up all her annual leave built up during maternity and was paid. Her husband is self employed, WFH so he was due to look after the baby so they didn't need childcare.

If the annual leave was taken after maternity this can be treated as counting towards the period required to work not to repay occupational mat pay. So need to return for 4 weeks and taken 5 weeks leave then requirement is met.

Have you offered her a career break? I know it’s 12 months but if she doesn’t want to return this may be an option.

I agree with pp you need to set out the options and then give her a deadline to make a decision. If she doesn’t respond nor turn up for work you are looking at AWOL and you need to move to dismissal procedure. I would also point out to your manager 4 weeks unpaid parental leave may be less painful, cheaper and less time consuming than having to dismiss and recruit.

Note:

1. It may be better financially for her if you dismiss rather than her resigning.
2. If you are Civil Service, look at CSCS for efficiency dismissal. I’m not up to date but this may be an option.

@Beurre

When I say deny her her rights, I mean in the sense that she's entitled to apply for unpaid parental leave or compassionate leave under our policy but our head of department is refusing to consider this and said 'absolutely not. I know the situation isn't ideal as it's last minute and I'm sure I don't have the full back story of the employee's situation but recruitment has been a nightmare so I'd rather we're a bit flexible to keep our competent staff.

You're not stopping her applying though are you?

She has the right to apply. Everyone has the right to request unpaid leave but they also have to accept that sometimes the answer is "no" and if the answer is "no" they either do their job or resign. She doesn't have the right to have that application granted. Employers have the right to decline if it doesn't suit their needs. Given that she is taking the piss, I think your HoD is perfectly correct.