advice please - work trying to cut short my maternity leave

[Bicnod]

Hello - I just want to be clear on my rights... I think I know what I'm entitled to but work are getting a bit arsey so want to be sure.

I went on maternity leave mid-April last year and my son was born at the end of April.

I initially gave my return to work date as mid January but several weeks ago let HR know that I wouldn't be returning to work on that day after all, and that my return to work date (as it stands at the moment) would be mid-March.

I gave them the required 8 weeks notice.

They are now saying that they are having difficulty finding cover as my maternity cover doesn't want to stay on, and that I might have to come back in January as I originally said.

I thought I had the right to change my return to work date as long as I gave 8 weeks notice. And that I could do it again if I wanted to, as long as I give 8 weeks notice.

With accrued holiday I could go back at the very latest beginning of May and if I can afford it I would like to push back my return date to May (obviously I would make sure I gave them 8 weeks notice if I wanted to change my mid-March return date).

Am I within my rights to do this? Please tell me I don't have to go back in January? I don't want to leave my little boy any earlier than I absolutely have to!!

Thank you

I dont think they can force you back. hope someoen more knowledgable in this comes along xxx

Look on the governments county council website for your area. In Lancashire, and I suspect throughout the UK, we have a 'Family information service', which offers advice, perhaps your area has the same? Speak to your local council.

I am almost certain, that if you have given your notice, you are perfectly within your rights to increase your maternity leave, within the 52 weeks from commencement.

I am lucky to be in a union so I would go there for support if you are.

Thanks eggontoast - will have a look at the local council website.

I'm not in a union unfortunately, so need to resolve this on my own.

I feel like I'm being harrassed - surely it's not my problem if they can't provide cover while I'm on maternity leave? Obviously I care about what happens while I'm away, but I'm not prepared to sacrifice precious time with my baby if I don't have to.

Is there a staff manual for your company that you could refer to as well (my old co's used to be available on the company's internal website)? They usually set out what they allow and this will be at least the minimum legal requirement - it may be easier to point to this in your discussions before putting up a more formal fight as it were....

Just checked the handbook, this is what it says:

Procedure
Eligibility for both statutory
entitlements and [organisation]'s
enhanced maternity benefit is
dependent on an employee
notifying the HR OD Office of
the following, in writing, by the
15th week before EWC:
? the fact that she is pregnant
(supported by Certificate
MATB1 from her GP)
? the expected week of
childbirth,
and
? the date when she intends to
start taking leave (leave cannot
start earlier than the beginning
of the 11th week before the
EWC.)
Actual dates can be changed
providing 28 days' notice is
given where reasonably
practicable.
The HR OD department will
then notify the employee of the
date on which her leave will end
within 28 days of being
informed of her intention to take
maternity leave. The end date
will be calculated on the basis
that she is taking Additional
Maternity Leave.
If the employee intends to
return to work before the date
the HR OD Department notified
her of (which will be the date her
additional maternity leave ends)
she must give the HR OD
department at least 8 weeks
notice of her date of return. If
she intends to return to work
immediately on the date already
notified to her by the HR OD
department, she does not have
to give any advance notice of
her return.
An employee must give the
normal notice period as stated
in her contract of employment if
she does not intend to return to
work after her maternity leave.

So I think this means that as long as I give 8 weeks notice (which I have) then I can return when I want? Do they have to agree to the return date or do I have the right to return when I want as long as I give the required notice period?

With the state my brain is in at the moment (i.e. wouldn't normally have any problem working this out for myself) I think they would be mad to want me back early TBH!

Sorry - don't know why it posted as a long line...

Hi Bicnod.

I have no clever advice, just wanted to say I feel for you - such a horrible feeling thinking about leaving our littles and you don't need extra pressure.

Is this any use?

It may be that the person you are speaking to doesn't know the law and just thinks, "oh we haven't got cover, we will just have to tell Bicnod to come back as she originally suggested". In which case, you just need to write a polite firm email (the tone is as if spoken with a calm controlled steely smile) saying, "as laid out in the handbook, I am giving you the required 8 weeks' notice of my return to work" and point them to the website which has the law on it as well. I would just be as nice and pleasant as possible in the first instance without using any phrases like "if that is alright", or apologising.

Good luck!

I am scheduled to return mid Jan, the details are not confirmed, I am DREADING it. I am going a bit funny thinking about it.

Bicnod,

I am coming to the end of my 3rd and last maternity leave & .

I work in local government, my understanding is that as long as you have the required service, it should be assumed that you are taking the full year off on maternity leave - cover should have been arranged on that basis. If you want to return earlier then you need to give the required notice as detailed in your hr policy (mine is 3 weeks - it seems your's states 8 weeks).

It would seem that you have given 8 weeks notice - it's not unknown for intentions to change when lo's are born now is it?

I agree with gingersarah, this is more to do with your employer having problems with cover - I would speak to someone knowledgeable in your hr dept - if there is one.

Hope you get some joy.

Is it just me, or does that policy specify what to do if you intend to return sooner than you said, but not what do do if returning later?

gov website

This gives quite a lot of useful info. Hope this helps!

agree with hotmama
afaik it only explain what to do if you're returning sooner because the default is full 52 weeks iyswim

Yep it only explains what to do if you want to return sooner. They should have assumed you were going to take the full year. Have you given them anything in writing that has the mid Jan date on it? Could that legally count as your 'notice of earlier return to work'? Of course you would expect them to be reasonable and negotiate with you Good luck!

Thanks for all your replies - I've had a look at the directgov website and it seems that 52 weeks is my statutory entitlement.

The HR handbook does only specify about returning to work earlier. My original maternity leave letter said that I would provisionally return on 18th January, but I have emails from HR confirming that if I wanted to change that date I had to give them 8 weeks notice.

I don't think they have a leg to stand on, but I wish they would just leave me alone!

Hotmama - you're so right, I had no idea how I would feel (DS is my PFB ) and now that he's here I want to have the maximum time with him possible.

Argh! Fingers crossed this will all work out.

What everyone says is absolutley right. They have only outlined what should happen, should want to return at an earlier date. Should you wish to return at a later date, but still within the 52 weeks of ordinary and additional leave then the standard of 8 weeks notice in writing is applicable.

If you return after the 26 weeks of ordinary and 26 weeks of additional maternity leave then they need to offer you the same job. If they do not offer you the same job then it still needs to be similar and not a demotion.

Seeing as you have given them the required amount of time given, then they should be flexible about changing the dates.

TBH, I would sort out now, how much holiday entitlment you have accrued (not forgetting that whilst you are on ml, you accrue holiday entitlment as you are working) sort out your return to work date as a final date...not telling them that you will be in march then changing again in march and say that you would be back in May and give them a finalised date of when you are returning.

As your handbook doesn't outline any procedure about returning later, then the ball is in your court. As for the mat leave cover not wanting to stay....that is thier problem and not yours, they need to find the cover and not you anything else is considered harrassment.

If you can bicnod, please try and email me, I have lots of drafts on my p.c. and I have a flexible working application as well!! This is my job, so...HTH x

Kingbeat thanks so much... I'll wait and see what they come back with... if its not good then I'll email you x x

Bicnod - very quickly you have nothing to worry about the date you give in your initial letter is only an intended date of return not actual. KB is right (hence her job) as long as you give appropriate written notice you can go back whenever you want in those 52 weeks but I believe they have the right to questions leave entitlement in the same way that anyone requesting leave does so at the discretion of their bosses. That is they can say no to you having all the leave at the end of the maternity leave but only if they give it to you at another time.

Hope that makes sense.

Ok, so I've emailed work this morning and I don't think they can do anything but accept what I've said - please tell me if I've missed anything (should have put email here before sending it really, doh!)...

Hi xxxx

On reflection, and after discussing the situation with my husband over the weekend, I have decided to take my full 52 weeks maternity leave.

This will put my return date as 19th April 2010. I have 10 days leave outstanding from 2009 and will have accrued 9 days by the end of April.

I would like to use the 10 outstanding days leave from 2009 at the end of my maternity leave, which means I will be back in the office w/b 7th May 2010. I would like to use the 9 accrued days holiday later in the year.

I will, of course, give at least 8 weeks notice should I wish to return to work any earlier.

Many thanks

Bicnod

that all sounds fine to me. let us know!!!

Thanks Kingbeat - will post when HR responds

Good luck Bicnod!

Pheweeee - got this email yesterday:

Hi Bicnod

Apologies for the delay in getting back to you, it has been a combination of my being out of the office a lot over the past 2 weeks and trying to get confirmation that your proposal is acceptable to the business. I am happy to say that I can confirm your return to work date of 7th May after taking 10 days annual leave from this year.

Enjoy your time off, have a lovely Christmas & Happy New Year and no doubt I will talk to you nearer your return date.

Kind regards

Slightly at HR trying to get confirmation that my proposal is acceptable to the business when it is my statutory right, but hey ho... at least it's sorted now.

Thanks for all the support on this thread - much appreciated

Hm, the thing is about rights and going back to work is it applies for the first 26 weeks which is ordinary ml. the next 26 weeks are still considered additional ml even though the first part of additional are paid IYSWIM.

Sounds about right though, and if she has said that it is acceptable then fine. The next thing that you have to think about is flexible working.. Again, a bit of a minefield. You have the RIGHT to ask for it and they have the RIGHT to CONSIDER it but they have no legal obligation to accept it, however they do have to give you a resonable reason as to why they cant accept it. Sometimes they will tell you that it is not acceptable to business needs, if they tell you this, then they need to detail reasons as why it would not be acceptable.

I decided to sort my flexi working out ages ago as im returning in Jan, as youre not returning til May you have a certain amount of time where you decide what you want to do. Remember, with flexi leave there is a certain time frame where they have to answer you back in, and if they dont then you can sue them. If you need advice on that matter, you know where i am...!!

sounds great though....x

Thanks Kingbeat I didn't realise that the second 26 weeks were still considered additional maternity leave. I'll start thinking about flexible working in the new year... for now I'm just going to enjoy the weight off my shoulders knowing I don't have to go back in January

Excellent news Bicnod!