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Original poster

Flexible working & maternity leave

17 replies

VEHaddok · 19/05/2023 22:35

Hello,

I am after some advice...

I am pregnant with my second baby and working part time. I went back to work in April 3 days a week on a temporary flexible working agreement which would be reviewed ahead of July.

Now I'm pregnant, I would like to decline my flexible working so I can get a better maternity pay during my time off. I'm nervous as think my HR could make it hard for this to happen. I think my manager will be onboard... I hope she'll understand!

Anyone done anything similar or advice?

Thanks 🙏

OP posts:

tourdefrance · 19/05/2023 22:37

You need to understand when the qualifying weeks are (I think it's somewhere in the middle). But if your manager agrees to you going back to full time until you go off again, I don't think HR will disagree.

SheilaFentiman · 19/05/2023 22:38

do You want to work 5 days per week until your next Mat leave?

EversoDisorganised · 19/05/2023 22:40

Just be careful as it might make it harder to go back to part time agaim after maternity leave if that is what you plan to do.

Original poster

VEHaddok · 19/05/2023 22:55

Thanks all.

I plan to work 5 days however I have to use my holiday before I go on mat leave. So would actually be working part time till I go on mat leave.

I will check my qualifying weeks but I have been with the company for 5 years and my current contract hasn't been changed. so I don't think this Will be a problem but definitely worth a check.

I thought returning part time would be tricky but having 2 kids at nursery there isn't much financial point in me going back to work. That's future me problem 😂

OP posts:

SheilaFentiman · 19/05/2023 23:00

What is your due date? SMP is calculated on a specific period.

HR may not let you book holiday for 1-2 days a week to replicate the flexible working agreement you want to cancel.

Original poster

VEHaddok · 19/05/2023 23:03

HR doesn't sign off my holiday. This would be at discretion of my manager.

Due date is 27/09.

OP posts:

LivingNextDoorToNorma · 19/05/2023 23:11

I’m fairly certain that my maternity pay was calculated based on my earnings between weeks 18-25 (or something like that). How far along will you be when your hours increase in July? Will it be too late to effect your maternity pay?

SheilaFentiman · 19/05/2023 23:13

Ok, then your qualifying week is around about 12 June and the eight week period is about 17 April to 12 June, though it depends on your payday So I’m not sure you can change it now in time for SMP.

Original poster

VEHaddok · 19/05/2023 23:23

Ah I see.
I should have mentioned I have an enhanced company maternity pay. So for 5 or 6 weeks, I will receive SMP but will then receive full pay for 6 months. After this it will revert to SMP.

Thanks all, food for thought.

OP posts:

tealandteal · 19/05/2023 23:27

Usually the qualifying weeks used to calculate enhanced maternity pay are the same. So it will likely be based on your part time hours.

SheilaFentiman · 19/05/2023 23:29

I would check what period your work used for determining the pay that applies to the enhancement, then. I would have thought they might use the same 8 weeks.”, but worth checking the small print!

WhatWouldTheDoctorDo · 19/05/2023 23:42

As previously mentioned, your SMP is determined by your actual earnings during the qualifying period, regardless of what your contract states. What your enhanced entitlement is depends on your organisation's policy wording, so it could be related to earnings during the qualifying period or actual earnings when you commence your leave.

By the sounds of things from your post, your current flexible working request was accepted on a trial basis (I.e. subject to review in July), does it allow for you to change your mind and rescind your request? The wording of the arrangement could matter if it gets sticky. If not, you'd possibly need to submit another request to go back to full time, and you may not be able to do that again so soon (depending on organisation's policy, I can't quite remember the statuary provision for successive requests).

Presumably you'll have set out a case for being able to do your role part time when you submitted your last request, they might challenge why that no longer applies, which could be taken into account for future requests. From what you've said, there's no business/role reasons for changing your mind, just personal finances.

malarkyintheparky · 19/05/2023 23:57

VEHaddok · 19/05/2023 22:55

Thanks all.

I plan to work 5 days however I have to use my holiday before I go on mat leave. So would actually be working part time till I go on mat leave.

I will check my qualifying weeks but I have been with the company for 5 years and my current contract hasn't been changed. so I don't think this Will be a problem but definitely worth a check.

I thought returning part time would be tricky but having 2 kids at nursery there isn't much financial point in me going back to work. That's future me problem 😂

If you aren't going back at all then be careful. A lot of companies will make you repay your enhanced maternity if you don't go back. Always check the company policy.

EversoDisorganised · 20/05/2023 06:35

Yes, my contract stated that my enhanced maternity pay was repayable (pro-rata) if I left within two years of returning. So if I left immediately it was all repayable, left after a year half of it was, left after 18 months a quarter of it was.

I went back full time after my first child because we intended to try for another quickly and wanted full maternity pay, but they did allow me to use accrued annual leave to have a day off every week for the first couple of months on my return. I went part time after my second ML.

Effieswig · 20/05/2023 06:46

If you due date is 27/9 you are approx 22 weeks pregnant? Have I worked that out right?

If that’s correct you are likely most of the way through the period they will use to calculate the enhanced maternity pay. By the time you sort it out you could be all the way through. Then left to use up annual leave to work part time, which may not be accepted for every week. But there would be no gain in your enhanced pay.

HR could have a say in your holidays. If you having 2 days annual leave impacts anyone else and their ability to take leave, HR could step in a decide that’s unfair on the other people.

Where as you could save that annual leave to finish early instead.

and if you aren’t going back you could end up paying the enhanced back anyway.

Just some things to think about.

Sriad · 18/12/2023 18:37

Hello. I need help regarding flexible working hours. I was on maternity leave. Before finishing maternity leave I informed my manager that I can’t work full time any more so I need flexible working hours. He gave me the form and I fill up that one. But then he said he doesn’t have any flexibile working hours for me. So I have to take my annual leave. So he told me in the meeting that he gave me annual leave holiday and some extra unpaid holiday till January. But today he text me and told me that I have to return to work this week. I am totally shocked. As I have no one here who can take care my baby. And my husband is working full time as well. I asked them before for one or two day work but they said I have to be flexible always to work. In this situation what I can do?? I have no idea what should I do? My baby is very small. And I am worried about him. When I told my manager about my situation he told me to resign last time.😭

exoticmicrophone · 18/12/2023 19:09

@Sriad you'd be better off starting your own thread, your question will get lost here.

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