Returning to work after Maternity leave

[tdi99]

Any advice appreciated...

Before maternity leave my wife was working part time 2 fixed days a week, and has just requested flexible days when going back to work.

Her employer has refused this and come back to her and said they want her to change her original days to 2 other days. Are they able to do this??

[fergywales]

Are the two days fixed in the contract, or does it stipulate contracted hours over two days a week?

In the current job market, if the employer can show it is for the benefit of the business to direct which days she works, unless she has good reason to not want/be able to comply, it would be recommended to accept the decision of the employer.

[tdi99]

Not sure, She has moved from full to part time but she doesn't think she has a contract, the only thing she signed was when she first started which she says was some sort of handbook.

If this was in fact a contract then she has not signed anything different when her hours changed what would the situation be then?

[fergywales]

How many years has she worked for the same company?

[tdi99]

Approx 5yrs

[fergywales]

That is a long time to be employed without having a contract. The document she received and signed may have been a written statement of employment, which constitutes the lack of a formal lack of contract, and within will have expressed terms (hours, holiday allowance, grievance procedure etc...)

As for no amendment to the contract when moving from F/T to P/T, if employer and employee are in agreement, the change would be implied as accepted by both parties. This would give some security to the maintaining of the fixed two days, but would not be a fantastic basis on which to mount a grievance. How long was she P/T before going on maternity leave?

If the change in days does not cause major hassle, as said, I would advise that she agrees and changes plans out of hours to suit. Not that any future employer can be seen to take personal circumstances into the decision making process when employing someone, but there is potential for abuse of the system that would be difficult to agrue against.

[Firefoot]

Also, how long did she take on maternity leave? If she took the additional unpaid leave then she is not automatically entitled to return to the job she left, but is entitled to come back to a similar role, which gives the company more power with regard to changing her days.

[tdi99]

She was back part time 8months. Has now been on maternity for 6 months. The original 2 set days were agreed and childcare and my working were based around this, it would be awkward for us to change this now.

[tdi99]

Paddy_N_Murphy said:

It will be awkward for her to change ?


sorry, but I find it astonishing how companies and small businesses can get fked around by Maternity leave.

Nothing personal I assure you, but jeeeeeez, it is fair to say that employers found it "awkward" and more over "destructive" and "expensive" to boot.

sorry to be a grump

It would entail swapping nursery days etc so that would be awkward.

They are not getting messed about, flexible hours were turned down (fair enough no problme with that) and then they asked for her to swap days after being happy at the previous arrangment, all we were expecting if they turned down the flexible hours was to revert to the original job.

The other issue we had was the company had allowed others to return from f/t to p/t and pick which days they work and it seems we have just been swapped to accomodate there wishes and the fact it seems the co. have left themselves short staffed at the end of the week.

Fergywales thanks for your advice, looks like we'll just have to try and accomodate the days change with nursery.

Thanks for all the replys top info as always from PH

Edited by tdi99 on Thursday 3rd February 17:29