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Help! Maternity Leave, Flexilble Work (or not!) and useless employers!

3 replies

grovebuster · 18/03/2010 16:15

Beware - longwinded story about to come your way!

I joined a small company in September 2008. There was the only the MD and myself in the office. I was originally brought on as Maternity Cover and then given a permanent contract.

I got pregnant (accidentally, no intention to be employed for just the right amount of time to get maternity pay). I stayed at work until 1 week before my daughter was born in August. We agreed that after 6 weeks I would come back into work for 2 days a week, fulfilling the MAIN objectives of my previous role which included Credit Control amongst other things.

Just before I left, the lady whose maternity leave I had covered, returned. She had previously only done the inputting aspect of book keeping, staff expenses etc, and a book keeper had come in to pay wages etc (responsibilities that I had taken on in her absence). Therefore her role had essentially stayed the same and I was going to manage her.

When I returned in September, after my 6 weeks, 3 weeks in, I was told that they needed me to take on a more substantial role, and that they would like me to do some work from home. I agreed. I was told I could do as many hours as I needed from home, they would buy me a laptop etc...Two weeks later(!!!) before work from home had started, I was told I would not be working from home, and all accounts were going to other employee (she is training in her AATs at the moment).

This lady had also been asking me what I was paid, had looked at my personnel file, found out it was more than her, was generally unpleasant about it, adn seems to have thrown her weight around to get her own way.

I left work to take the rest of maternity leave (with employers agreeance)- and put the days I had worked down as KIT days, as I didn't feel the post I was being given was what I had wanted to come back to.

Roll on 8 months, the lady is pregnant again, and about to go on maternity leave in 4 weeks. My employers have been pestering me about returning, however I was sent an email yesterday saying they have to 'create' a role for me?! If the other woman is leaving on Maternity Leave, surely I should be offered that as it is essentially what my job was anyway....They are not even considering me working from home at all even though they originally suggested it. And to top it off, they are employing someone new, to do the book keeping and the bulk of my previous role...

What do I do? What are my rights? There is a lot more back ground to this story, and I feel that I am being sidelined because I am now a mother. His email said my new role was less deadline based which would suit me better now
... presumably better now I'm a mother which renders me incapable of doing something on time!

Help! (Sorry for long post and if it makes no sense DD has just woken up from nap and is 'helping' me type!)

OP posts:
flowerybeanbag · 18/03/2010 20:38

From what you say it sounds as though covering the other woman's maternity leave would be a demotion for you, if you were managing her and she was doing lesser tasks than you.

Sounds to me as though the decision to employ someone new to do most of your role is the issue.

What do you mean they've been 'pestering you' about returning? You are the only one who can decide when you want to return as I'm sure you know. Are they pressuring you to come back sooner than you want to or something?

If you go back after 6 months or less, you are entitled to the exact same job back. If you take more than 6 months maternity leave, you are only entitled to a suitable job, if it's not practicable to offer you your original job. Either way, you are entitled to a suitable job on your existing or no less favourable terms and conditions.

What do you want? Are you wanting to reduce your hours or have any other flexible working arrangement? Is that proving the problem?

grovebuster · 18/03/2010 22:35

Hi flowerybeanbag, was hoping you would reply! I'm aware that I haven't really made my post that clear.
I started off in the same role as the maternity lady - however, my role quickly grew and expanded to be greater than her original role.
It is mainly the accounts I am concerned about - my main role was the credit control. My new job that he was created is product manager?! Something I have no experience in.
This is probably around the 4th or 5th time since I left to have my daughter that this role has changed.
I understand the 6 month rule, but they changed it after 3 weeks of me returning. No real constructive reason I see why.
Basically, I would have thought it sensible, on my return and considering the other woman is leaving again, to give me back accounts and employ a product manager. He is being very dismissive and making out like he is put out at having to make a role for me.
I want my original role. Ideally 20 hours in the office and 20 hours home. They offered work from home. But when I have mentioned it since, have been dismissive and given me no reasons as to why.
My main problem is returning to a job nothing resembling my own whilst employing someone new to do my previous role? They have no idea about employment law and I do want to tread softly softly to see if I can get what I want, but I don't know what my rights are considering I did return to work after 6 weeks but weeks into it decided to take the rest of my maternity leave (only because of the uncomfortable situation at work) - would this effect my rights now...

I hope I am making more sense - I know this is very confusing!

OP posts:
flowerybeanbag · 19/03/2010 09:39

I can't see that you coming back on a temporary, part time basis previously would affect anything really on the face of it. You mutually agreed to consider those days KIT days, and in any case you weren't working your normal hours, so the fact that for those few days you weren't working your original job isn't a problem.

Having said that, if you have proof that 6 weeks in was your selected permanent return date, your reduced hours of 2 days a week were agreed, and then x,y and z happened which forced you to take the rest of your maternity leave against your wishes, that might make a difference. It won't affect your rights to jobs, but it may add to any complaint you wish to make, if that makes sense.

Your employers would of course say that they did not in any way pressure you to go back on maternity leave, it was purely your choice, your job was there if you wanted it but you decided to take longer off which they agreed to.

If they haven't employed the new person yet there's still time to sort this out. I would suggest you request a meeting to discuss your return, put forward your proposal to give you the accounts and employ a product manager. Discuss at the same time the working from home issue. (You will have childcare in place for the 20 hours you're hoping to work at home won't you...?)

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