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returning to work after maternity leave

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  • returning to work after maternity leave

    Hi everyone
    my future daughter-in-law is returning to work in february after 9 months off payed. she would like to return for 4 days only. she will be returning as assistant manager. she is due to have a meeting with them in 2 weeks time. they have said she may bring a union rep with her? they are not keen on her working less days how does she stand???
    Tags: None

  • #2
    Re: returning to work after maternity leave

    I do believe that the position has to stay as before, ie: hours, working conditions etc. Hopefully someone else will pop along and know more for you.

    Comment


    • #3
      Re: returning to work after maternity leave

      Now she's a mother they must make reasonable adjustments to her work schedule to allow her to care for the new baby & if they don't they could be guilty of sex discrimination However they will be able to adjust her pay accordingly whilst still offering her any promotion or pay rises which may be awarded to the staff generally

      Comment


      • #4
        Re: returning to work after maternity leave

        agreed

        its all in the employment rights act 1996

        Employment Rights Act 1996

        see part v111
        cahapter 1 maternity leave

        subsections 71 and onwards

        any questions then please shout

        Comment


        • #5
          Re: returning to work after maternity leave

          Here is a useful bit from the DirectGov website

          Anyone can ask their employer for flexible work arrangements, but the law provides some employees with the statutory right to request a flexible working pattern.
          You must:
          • be an employee, but not an agency worker or in the armed forces
          • have worked for your employer for 26 weeks' continuously before applying
          • not have made another application to work flexibly under the right during the past 12 months
          You will then have the statutory right to ask if you:
          • have or expect to have parental responsibility of a child aged under 17 (from April 2011 a child aged under 18)
          • have or expect to have parental responsibility of a disabled child under 18 who receives Disability Living Allowance (DLA)
          • are the parent/guardian/special guardian/foster parent/private foster carer or as the holder of a residence order or the spouse, partner or civil partner of one of these and are applying to care for the child
          • are a carer who cares, or expects to be caring, for an adult who is a spouse, partner, civil partner or relative; or who although not related to you, lives at the same address as you

          Under the law your employer must seriously consider an application you make, and only reject it if there are good business reasons for doing so. You have the right to ask for flexible working - not the right to have it. Employers can reasonably decline your application where there is a legitimate business ground.
          How to apply

          If you have the statutory right to apply, then there is a process you must follow.
          The process of making a request and your employer considering it can take up to 14 weeks. So if you are thinking about changing your work pattern, speak to your employer as early as possible.
          You should also be aware that if your employer agrees to your request, then it may result in a permanent change to your contract of employment. If you request a flexible working pattern that will result in you working fewer hours, your pay will reduce too.
          If you do not have the right to request flexible working then the statutory process will still be helpful to you and you should consider speaking to your employer as early as possible.
          So basically, yes she does have a right to request fewer hours, and the employer has to show a very strong business reason for declining the request. However, she should be aware that some employers will consider the need to have a a management post full time a strong business reason, as they may argue that they need someone to do the job 5 days a week, and if she only works 4, they will find it impossible to recruit someone else to do the other 1 day a week.

          This happened in my workplace recently. A woman with a FT management role returned after 12 months mat leave and wanted to reduce to 3 days. The employer said the job had to be full time, and offered her a different PT job on similar t&c.

          She shouldn't read too much into the union rep thing, it's something she should definitely do if she's in a union. If not, take a workplace colleague with her.

          Comment


          • #6
            Re: returning to work after maternity leave

            Good Old Direct.gov Website

            Its Well Out Of Date Ime Afraid

            The Employment Rights Act Is A Directive From The Eu

            Goverments Delay Implamentations Of Directives But Are Still Accountable Under Eu Directives

            Its Called Emanation Of The State

            You Need To Read The Full Directives, Not The Watered Down Version Supplied By Goverments

            But Saying That

            A Common Sense Approach Is Needed On Both The Employee And Employer In This Matter

            You Are Entitled To The Same T&c Of The Previous Contract Of Employment Unless You Agree To A Variation Or Cash Allternative To Change That Contract

            Comment


            • #7
              Re: returning to work after maternity leave

              Certainly in Employment Law to do with education, you have to have very good reason to turn down such a request. I've fought a few of these for people and every time the employer has had to back down and amend their stance, but as I say that is in Education, and I know Education has some rules that are different to normal employment law.

              Comment


              • #8
                Re: returning to work after maternity leave

                its how the goverment of the day interprets the law with opt outs etc and how you point that out in any ET, if it gets that far

                the only variations that i know of are for say the fire services which comes under the working time directive and of national security

                as its now uk statute law, variations are not permitted

                that across all 35 member states

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                • #9
                  Re: returning to work after maternity leave

                  Remember I used the word 'reasonable'

                  Comment


                  • #10
                    Re: returning to work after maternity leave

                    I can't see anything in the DirectGov quote that conflicts, or is out of date with it??
                    A Common Sense Approach Is Needed On Both The Employee And Employer In This Matter
                    Isn't that the point? Surely the important part is that balance between asserting your employment rights, whilst, if possible and as far as it lies with you, maintaining good employee/employer relations. Which is why she really needs a good union rep, who can advise her before & during any meeting and ensure her employer doen't try to deny her her rights.

                    Comment

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