Refused Flexible Work Request

[BlondieMum1990]

Hi all, first time posting and looking for some advice.

I’m currently 25 weeks pregnant Ive had a pretty complicated 2nd pregnancy from the get go. I’ve had a few episodes of bad bleeding, 1st one at 8 weeks where I thought i miscarried, then a further 2 at 20+4 weeks and again at 22+4 weeks, both of those which led me to spending all weekend in hospital due to active bleeding coming through the cervix. They suspected partial placenta rupture on both these accounts. I’ve also struggled around the office with my hips due to the discomfort of being at a desk all day. They made us return to work 5 days a week since beginning of Feb and it’s certainly been harder than I thought physically.

My boss agreed that putting a request to work from home could help physically and just reduce a bit of the stress of the commute and also discomfort of being at the desk all day. I made a formal request and stated the reasons, however, they rejected it, without a clear reason other than that they made everyone return to the office due to productivity, however, they also stated they are ‘caring’ employers and would evaluate case by case for circumstances which they haven’t done in this case. They stated that if i wanted to just work 3 days i would have to drop my hours, or can start maternity early (I’m due 1st July, but have to have a C-section as too dangerous for natural delivery so don’t want to take it any sooner as would rather use as much as i can whilst recovering / have baby!!)

there was never an issue with my working from home when they still did it: never a question on my productivity or anything, and have always been praised for my work ethic and efficiency.

Are they in the right in what they are doing??

They're not being fair at all. It sounds like it would be better for you if you got a note from the hospital/your consultant in order to be medically signed off work. They'll be down an employee but eh, that's on them, and you still get paid.

I'd also be asking your manager to press the issue for you in the mean time.

Personally I’d get a “fit to work” note from the consultant or doctor that you are fit for work but with certain conditions put in place, ie home working.
I was high risk of pre term labour , on progesterone due to cervix shortening and my consultant said I need to take it easy. she gave me the above note and no issue at all re it as they’ve got to follow it.

No, they can just say they can't accommodate it in which case it would default to being unfit to work and signed off.

You need to do this as a medical reason which is different from a flexible working request. As PPs have said get a Fit Note from GP or midwife saying you need adjustments for medical reasons and detailing what you need.
You could also go through through Occ Health

It depends i guess on what your job is? Is there enough work for you to wfh alot? or is it a type of job where it's easier to be in the office?

I got a doctors note to go down to 2 days a week in the office instead of the 3 days, and to be honest i don't really have much wrong with me. I just don't like going in. 😂(sitting in the office to dial into meetings is a waste of time)

if you are bleeding etc, that's madness.

Either way if it was me i'd be looking for a new job at the end of my mat leave so i'd just WFH either way!!!!

I would also ask them to complete a risk assessment incorporating your travel to and from work as wfh was declined... you can support this with a note from your GP and or midwife too. Don't just allow them to refuse for no good reason that's awful

Unfortunately they can do this. As others have suggested you could get a note from the doctors but likely result is that your employer will stand by being unable to accommodate this and so you would be signed off sick, if you remained off sick long term then eventually your maternity leave kicks in early I think from 36 weeks? It is rubbish though

Thanks all for your replies. I submitted a request to my doctors few days but they haven’t come back to me. The receptionist called the day I made the request to say I would get a call from the doctor that day and never did. When I phoned up after the weekend to check they had an automatic message saying that their systems were down and basically to just wait to get a call..

I work in an office and we did fine for hybrid working before as what I do can easily be done from home as it’s distributed amongst the team (which is currently short staffed!) so whether I do it at home or the office makes so difference, and if I need to I can just call the relevant people.

They never even did a risk assessment or anything and I just feel like if i try and push back they are just going to make it more awkward when I’ve done nothing but always work hard and put in extra where possible, and when I’m mentally capable but physically struggling they just turn around and say no and just suggest either cutting my hours or starting mat leave early, which would leave them more short staffed baffles me.

They are being unreasonable.
Can you request occupational health assessment and also get supporting letter from midwife or GP of adjustments you need.
Would be worth talking to your union if you are a member.
If you get signed off sick I think your maternity leave will kick in from 11 weeks before your due date.
Which clearly gives you less time afterwards.
I think as return to office 5 days a week is a recent thing they might be saying no as a blanket policy without properly assessing it.
Midwife/ GP/ consultants letter would help evidence your request.

They have to do a risk assessment if you ask them to! Are they a big company? Do not let them discriminate against you and make you drop your working hours as assume that may affect maternity pay? Email your leader and ask for a meeting where you demand a workplace RA and for them to reconsider your reasonable WFH request