To what extent can my employer change my job if I take a full years maternity leave?

[pelafina]

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When you go back to work after OML you have the right to return to exactly the same job. When you go back to work after AML you also have the right to return to exactly the same job, but if your employer can show that it is not reasonably practicable for you to return to the same job, for example, because the job no longer exists, you have the right to be offered a suitable alternative job on very similar terms and conditions.

Sorry to here you are not happy what does the change mean to you? less responsibility or money? Has your old job been made redundant?

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If you are wanting to change your hours then its not simply a case of returning to your old job with the hours you want.

If you are after a part time role, then at least they have offered you one as they have no obligation to. A lot of companies dont have spare positions.

Your childcare concerns/problems are not your employers responsibility.

Not sure re being pushed out, they have offered positions but you dont want the hours/days.

If you return f/t after AML I believe that your employers are obliged to offer you a job at the same level as the one you left, they don't have to offer you your old job.

If you want to reduce your hours then they are required to consider your request but at that point can offer you a job at a lower grade or indeed no job at all.

It does feel as if they are taking advantage of the situation somewhat and I agree that a 5 day a week p/t role is probably not particularly helpful.

There are some great HR bods around, but I think flowerybeanbag is on holiday atm. I think there is probably a good way to approach this, but I don't know what it is, maybe some of the government flexible working rights site might help.

Sorry not to be of more help, hope you get it sorted.

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Ok pelafina, deep breaths, in,out,in,out and calm down.

I pretty much know how you feel, I didn't get what I wanted when I applied for flexible working and it was all handled pretty shoddily but you know what 1 1/4 years down the line I'm really glad we reached a compromise that both parties can live with and I enjoy going to work. Just try not to get into a stalemate position just yet.

The fact they have some p/t positions is a good one, it means they are not completely against the idea. ( I work in the financial sector and the only p/t jobs are the ones people have managed to negotiate for themselves). Is it worth asking if the shift patterns for any of these roles can be changed ? I know you are not keen on the PA role but could it be potentially offered p/t or on a job share basis, as at least that way you would keep your old grade and salary.

Have you actually submitted a flexible working request, as this means that they would need to consider your request formally and if you consult the government website, then if its turned down they need to give sound business reasons.

I just think you need to try all the options you have with your existing employer as there was something in the media recently which said it was much harder to go p/t in a new job than it was in an existing company, so if you walk away from this then it could leave you with less options in the short term.

Let us know how you get on.

Pelafina, I'm a little confused! I have a number of questions to ask:

Are you currently on maternity leave?
What is your current length of service?
When are you due to return?
Have they told you your old job no longer exists?
Have you made a formal flexible working request?
Finally, are you in a union?

Just wanted to add, I work in HR in a local council...but can see from your profile that it isn't the same one. Happy to correspond via email if you prefer.

Just wanted to add something. If you are still currently on maternity leave then you are in the rather rare position of getting preferential treatment over others on the redeployment list. Any suitable job is yours for the taking.

I'm a little confused by you mentioning losing the maternity package. If they do not have a suitable alternative post for you to return to then I don't understand why you'd lose the occupational maternity pay, unless of course it comes down to the flexibility and you choosing not to return.

I think as difficult as it is, I think you need to find a suitable alternative post, accept it, and then negotiate the flexible working. I know it is hard to separate the two issues, but I think you need to.

Does that help? Once you have been formally offered the new post then you can put in a formal flexible working request and negotiate the terms.

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Hi pelafina

Write to them confirming that you are giving them formal notification of your return to work on x of September. (this will then put your case high on the agenda)

State that you are still awaiting for a response to confirm whether your role is being made redundant as you would like to consider suitable alternative posts with them and to know that you are formally on the redemployment list.

Confirm that you are disappointed with the way your case has been managed to date and that your are now joining the union as you feel unsupported.

Unfortunatley you have to get tough, The council paid my Dad his redundancy and outstanding annual leave only when I sent a firm letter when his department were going though a reorganisation they were trying to make him take early retirment the swines. (he had 30 years' service)

Let us know how you get on.

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I know, my Dad had heart attack at his desk as he was under so much stress from the reorganisation. When they got my letter they shat themselves when they saw what I did for a living they knew they had no chance.

If I was you I would get your maternity pay, any outstanding annual leave, redundancy and notice money and get another job.

Have fun shopping.

I'm sorry you feel that way about your council. I'm afraid reorganisations are a common feature in local government and this is only going to get worse. Each year, each department has to find x% in efficiency savings, in my case 9% over 3 years. There are only so many ways to skin a cat and morale is awful, unsurprisingly.

I wouldn't expect you to forgo your maternity pay in a redundancy situation. My council pays severance as well, which usually doubles the redundancy pay. Does yours?

Haven't read all of the posts and so someone might have already pointed this out but mat leave is split into two parts. OML and AML. The rights are different for each. If you return after OML you have a right to return to the same job. After AML you have a right to return to a suitable job. HOWEVER (And this is the important bit) despite the fact that SMP is now paid for nine months, OML is still six months. You get paid for your OML plus the first three months of your AML. SO - if you return after a year instead of after nine months there is no difference at all to the way you can be treated. If you return after 6 months the situation would be different.