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Back to Work After Maternity

4 replies

CherryCake88 · 03/11/2024 18:29

Hello!

Currently on maternity leave and due to go back around April.
I’m wondering what my rights are legally for asking for flexible work?

My current role is a National Account Manager, but id like to go down to part time.
I do think it could be tricky to do that role only 3 days a week compared to 5, however there is another member on the team winding down for retirement who has gone down to 4 then 3 days, doing the same role he did previously (also national account manager) but with a pro rata’d wage.

My boss said to me when I finished for mat leave that he’s not sure how my role would look when I came back to work.

is this even legal? or would me going back part time mean that they can change my role?

Thanks so much in advance for any thoguhts / advice / past similar experiences

OP posts:
Mt563 · 03/11/2024 18:34

There are two issues at play here:

  1. Return to work post-maternity: you have the right to return to your job on the same terms. if it's not possible, you could be offered a similar job (pay/ benefits/ seniority)
  1. Flexible working: his can be denied for good business reasons. However, if someone already does the role part-time, it would seem hard to argue you can't also.
Mrsttcno1 · 03/11/2024 18:57

How long have you taken for maternity? As depending on length they don’t have to give you your actual job back.

They can deny a flexible working request for various reasons, you can request it but they can decline it.

Mrsttcno1 · 03/11/2024 19:01

Mt563 · 03/11/2024 18:34

There are two issues at play here:

  1. Return to work post-maternity: you have the right to return to your job on the same terms. if it's not possible, you could be offered a similar job (pay/ benefits/ seniority)
  1. Flexible working: his can be denied for good business reasons. However, if someone already does the role part-time, it would seem hard to argue you can't also.

On the second point here though, the employer can refuse under business reason if the work can’t be basically reorganised among other staff. The fact they already have someone part time would actually feed into this, rather than help OP’s case here, less staff working full hours means less ability to spread work out to allow another PT employee.

CherryCake88 · 03/11/2024 22:36

Mrsttcno1 · 03/11/2024 18:57

How long have you taken for maternity? As depending on length they don’t have to give you your actual job back.

They can deny a flexible working request for various reasons, you can request it but they can decline it.

Thanks for your reply
I will have had a year off in total by the time I go back.
So it could be that they must offer me the same job / similar job and salary but may deny flexible working?

@Mt563 that’s a really good point you’ve made, I never saw it that way but you’re right they could definitely have that concern. I’m hoping this person retires by the time I go back and I can perhaps take that slot?!

thanks a lot, I’m feeling quite nervous about it all and cannot afford full time childcare. It’s shit for women going back to work after children!

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