Flexible working to be rejected following maternity leave

[Pregthenscrewed]

I’m due back to work in 3 months following a year of maternity leave. I’ve had an informal conversation with my manager who has said that I can return to my role on the same terms but they are likely to reject my request for returning to the same role on a part time basis as the responsibility/seniority of the role means it wouldn’t be doable on 3 days a week.

I am inclined to agree as the role was high pressure/high quantity of work that I even struggled to get done in 5 days a week sometimes.

however, I’m also told the only roles likely to be available on a part time basis will be more junior and so I would have to take a cut on salary and benefits which would reduce my take home pay considerably.. which is causing me a huge amount of worry of how I will make this work financially.

I also don’t know what these roles even are as the business has undergone lots of change to my team in the time I’ve been off and the roles haven’t all been created yet.

I’m meeting my manager this week to discuss further and have a more formal conversation but wanted to know if anyone had been in a similar position and if I have any rights here to challenge the fact that part time working can only be accepted if at a lower seniority level?

My first thought is would you be happy to do a job share e.g. 2.5 days a week? If so, that is the proposal I would put to your manager. 3 months is enough to advertise the other half of the role and test the market.

The second option is to suggest a new/reconfigured existing role which is effectively a development role as your deputy. You might have to agree to work Mon, Wed, Fri with your deputy covering/acting up 2 days.

You need to think through the business case for both options including pros and cons. How can the role be split, how you manage staff (matrix reporting), more resilience, easier to ramp up resource, taking leave at different times etc.

Don't let them bullshit you by saying not feasible as I know senior jobs can be done job share but not PT.

WRT downgrading, by asking to reduce your hours you are requesting a change to your contract. Your employer can say no for business reasons or offer downgrading. Your right is to return to your job on your original contractual hours. So yes they can offer this as an option.

I think job share might be the best option here. I went from 5 days to 3 in what sounds like a bit of a lower pressure role than yours, and I still basically have a full time workload which has increased my stress on the days I do work and tends to spill into the ones I don't. In your role, as you say, it would probably be even worse and you might end up doing the same amount of work in less time for less pay.

Thanks so much for this reply it’s really helpful. I will definitely speak to my manager about a job share but I know it’s not currently something the company offers.. maybe that could change.

I think you’re confusing your maternity rights with flexible working rights, based on your comment about your rights.

Putting aside the reason why flexible working was rejected, if you want to go PT and it’s not possible in your role, then by going for a different role altogether that will enable PT working you are in essence changing your job so the associated drop in seniority and pay is to be expected.

Sorry first post on mumsnet so not sure if you can see me replying to the right comments here 😂 this is a big worry for me too I have colleagues who returned to work part time but were pressured into completing more work/working extra hours or days etc. to get more done.. there is a part of me that thinks taking a new role with less responsibility could be a good thing if I can make it work financially as I don’t want to have to do extra or make my job on my “days off” with baby suffer!

thank you I would obviously expect a decrease in salary or benefits for a role with less responsibility but wondered if it’s okay for them to ONLY offer me a more junior role if it’s on a part time basis and not something more similar to the role I left on

That’s the point - you’re confusing maternity rights with flexible working rights.

Maternity rights - after a year off you are entitled to come back to the same terms and conditions, but not necessarily the same role. In that situation you could argue it’s discrimination to have been demoted.

But you are actively seeking a change in your role. The company hasn’t done that. This has nothing to do with you returning to work after maternity leave. So they don’t have to offer you another senior role, or even the junior roles at all.

You are only entitled to return to a job at the same level and pay and conditions as you left on your maternity leave.

You are separately entitled to request flexible working (as are all employees I believe) but your company can refuse for whatever business reason they like. I think they do have to give a good reason though.

Presumably they are saying you can have your old job back full time or choose to take a lesser role part time? I think your rights are being covered here.

I do agree though there might be a compromise to be had, with a job share or a new role, especially if they are keen to keep you. Recruiting can be challenging, so it might not be worth it to them to lose you long term over this.

They can refuse flexible working requests in businesses needs and from what you said they would be able to justify that

The part times role is a separate job you would be doing by choice

Could you do your old job in 4 days? Then your DH could also have the chance to go 4 days? Better for tax that way too and no ding to your career?

Are you in a union? Of not joining now and take them in to the meeting with you. They can't force you to accept a lower paid role and not allowing reasonable flexible working is a big no no in most industries nowadays. What's your company policy? If backed into a corner I would stay full time and whilst doing that look for another job.

If your old job or an equivalent is available they do not have to offer you similar on reduced hours just because you are returning from ml.

Would compressed hours be an option, eg working 5 days in 4 or 10 in 9? Or doing 4 days a week rather than 3?

Any job can be done part time if a job share is put in place.

I know CEOs and Exec level leaders who work part time on job shares or 4 days a week or 9 day fortnights. There are lots of ways to do it.

If you want to pursue this you need to make a strong business case setting out how it can work and what the advantages are.

Do you have a union if so please tell them.
I am not qualified but I think you should
Formally put the request in and if they have to only offer you a less senior role if it's part time then I think your pay and previous position should be protected for one or two years even if you're lower lower pay grade work.
Keep a written record and follow up your managers comments with an email in case you end up in tribunal

Request a jobshare.

It does not matter if they don't have other jobshares in place at the moment, that's not a good enough reason to dismiss that option.

I also never understand this nonsense about senior roles not being suited to part-time working. I have worked in various senior management roles part-time for the past 15 years.

If employees at your level need to be full time, then they need to be full time. Would they consider a 50/50 job share?

Alternatively, you return to work full time. Could baby's dad also submit a flexible working request to go down to 3 days?

They don’t have to offer you anything! They need to assess your flexible working request but it can be declined. If you do not want to return to a role with your previous terms and conditions, you are resigning. So yes, it s absolutely ok for them to offer something more junior if that is all they have, the alternative is you leave.

'Reasonable flexible working' isn't the same as dropping from 5 days a week to 3 days a week though.

I was in the exact same position. I was a head of department which is not offered as a PT role. I didn't push for job share- it was 10 years ago and less common. In the end I took a lower level of responsibility with the lower pay and am happy balancing work with family life though as a secondary teacher the job is pretty stressful anyway.

I think if you want to continue with your previous role, a job share or compressed hours into 4 days are most likely solutions.

Have you thought about requesting 5 in 4? They still get the full time hours needed and you get an extra day to be at home? That's the most common Flexi agreement at senior level where I work, although that's largely because no one works only 7 hours 24 minutes a day (37 hr contract) and senior availability outside of 9-5 is beneficial operationally, so it's very easy to work those hours in 4 days

The problem with job share is finding the person to share it with. So I don't know whether you think it's practical to find others at your level who work part time? If you think it's doable then suggest that.
The other option is a sligh restructuring of your responsibilities. Is there a component of your role that would be able to be split out and given to another person? If you had a junior person working for you 5 days a week, would you be able to structure your role such that between you on 3 and them on 5, you got it all done?
You need to provide some workable suggestions and offer to trial it ans they'd be more likely to accept

Just be aware that they can say no to a job share too; while it's often presented as a solution to enable part time working there are very few pros for a company to put this in place. It costs the business more, it's more complicated if there are any line management responsibilities and handovers need to be efficient or it can impact work. So if you request this you need to come up with solutions as to how this can benefit the business and not just you or they are likely to decline

Would you try returning full time and using the annual leave you have accrued on mat leave to work say 4 days a week: This will let you ger back into work mode and see how you get on with childcare etc.

If it does work from a business perspective they may be more inclined to agree to offer it part time.

Also will allow you to enjoy the final months of mat leave without having to stress over return to work arrangements.

I have nothing useful to add but am thinking right here is the evidence that having children harms a career.
I do hope you have a supportive partner. Having children is such a vulnerable time for women. Make sure you keep up your pension contributions and that your partner (if you have one) is fully aware of the sacrifices you are making to your ability to earn and support yourself.
Sorry for a bit of a derail. I just know so many women who later divorce and money becomes an issue. I wish you all the best.
Personally I did take the lower grade role and part time hours. Lost about 8 years of progression and pension by the time mine were in secondary. (No regrets though. I couldn’t have given my job the attention it needed and I loved being a mum).