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However, during her maternity leave her manager’s hours were reduced for health reasons. Dress Codes: Can You Force Female Staff to Wear Bras to Work? https://…Dec 10th, Browse Q&A Ask a question Meet the experts Register For Recruitment Emails, Search here for Franchise Opportunities, Top Employers, Returner Programmes, Events and Articles, Click the button below to register your interest with all the franchises in your selection, This franchise opportunity has been added to your franchise selection, You may be interested in these similar franchises, N. Europe Territory Sales Manager job with Honeywell Bracknell, Marketing Assistant (Part time) job with Willmott Dixon Birmingham. Reducing hours after maternity leave If you decide that on returning to work after maternity leave, part time will be the best option, you need to put a request in writing. If you have been employed for 26 weeks you can request flexible working under the formal right to do so explained in the ACAS Code . The umbrella term for such changes to a working role is flexible working. Ordinary Maternity Leave is the initial 26 weeks. For instance, an employee requests that she return to work after her maternity leave on reduced hours and proposes a job-share arrangement. He'll go to a lovely childminder in … The employee has worked for the employer for a minimum of 26 weeks when they make the request. Please read our full disclaimer. The Coronavirus Job Retention Scheme has been extended until 31 March 2021. How do I stand? I work 25hrs per week term time only. Compulsory maternity leave If the employee is not taking Statutory Maternity Leave, they must take 2 weeks off after the baby is born - or 4 weeks if they work in a factory. I am due to go back to work after Easter. Can I apply to change my working hours or working pattern on my return from maternity leave? What are the rules for reducing hours after maternity leave for both employer and employee alike? This category only includes cookies that ensures basic functionalities and security features of the website. Here are our tips to help you with your return to work: 1. (In the UK) Before leaving on Maternity Leave I was working an average of 30 hours a week part-time. If the request is accepted, your contract will be updated to reflect the new arrangements. I don't go back till June but I'm terrified of approaching senior managemt about hours … those on maternity leave or who are absent with pregnancy-related sickness, see page 5 on keeping in touch (KIT) days. Undertakes to return to work for a minimum of 3 months after maternity leave (for contracts expiring within this period see 6.8) 26+ weeks continuous service up to and including the 15th week before your EWC* Statutory Maternity Pay - (SMP only) ... Reducing hours and flexible working. Before maternity leave? Close. Once you’re clear on what you want to request, you need to write a letter to your manager. ), Employment Law Reasonable Travelling Distance Rules, Coronavirus Job Retention Scheme (How to Claim), The New UK Points-Based Immigration System. My daughter was working 32 hours. With reasonable justification, the employer can still deny the request. Maternity leave can be made up of three types of time off: Compulsory maternity leave (CML) — the two weeks following the birth. The processing of any flexible working request must not take any longer than three months in total. The employee is now complaining that we didn’t notify her of this during her maternity leave. Updating author: Jo Broadbent, Hogan Lovells Summary. However, some employers may choose to offer flexible working to all employees, regardless of how long they have worked for the business. My wife's employers seem to be reducing her working hours before she goes on maternity leave, can they do this? Employees with less than 26 weeks’ service with an employer do not have the statutory right to request flexible working. Many women decide that part time hours are the best way to maintain their career while having time at home with their child. Businesses need legal advice for many reasons. While im on maternity leave? The employer demonstrates that they have carried out an extensive recruitment search and can find no other solution to the situation. If your request is rejected and you believe that it wasn’t given reasonable consideration, you can appeal. The Job Support Scheme (JJS) has been postponed until the Coronavirus Job Retention Scheme (CJRS) closes, at the earliest. Additional Maternity Leave - last 26 weeks You do not have to take 52 weeks but you must take 2 weeks’ leave after your baby is born (or 4 weeks if you work in a factory). This can help both of you adjust to the extended period apart so there are fewer tears (from both of you) on that first day. a statement saying whether (and when) you’ve made a previous application for part-time/flexible hours. Anne is the Founder of DavidsonMorris and specialises in employment & immigration law and human resources and global mobility consultancy. One of our employees has just returned from maternity leave and has today indicated she wants to reduce her hours to part time to assist with childcare (this has not previously been mentioned). In the event that an arrangement cannot be agreed through internal procedures, the employee may consider further options such as raising a formal grievance, making an appeal through the employee’s trade union or bringing a claim at the employment tribunal. opportunities for promotion or job vacancies. Going back to work can be a little nerve wracking. What are the benefits to an employer? You can’t take odd days or two separate weeks (Gov.uk 2019; Working Families 2019a) . I am salaried, our company do not offer matrenity package, so I will receive 6 weeks pay at 90% then SMP for the remainder of my leave. I’m asking specifically about hours. Every employee – whether at work or on maternity leave – has the right to request part-time hours or other flexible working arrangements. But opting out of some of these cookies may have an effect on your browsing experience. I wasn't given a contract to sign until after this change but the contract stated my old hours. If you think the reason your hours have been cut is BECAUSE of your pregnancy or related leave, call an employment law attorney to discuss. When a request for flexible working is received, a meeting must be arranged between the employer and the employee as soon as possible. Either way, you need to provide the following information: See our template letter for guidance on how to write the application. Flexible working includes reducing the number of hours an employee works, along with: An employee who wishes to reduce their hours after maternity leave may find that several of the above could suit their situation. Anne Morris is a corporate immigration and employment lawyer based in London. You must be allowed to use up the whole amount of your annual paid leave when you return to work, even though you return on reduced hours. ##### Dear xxxxxxx After much careful consideration I wish to return to work, following my maternity leave on a reduced hour’s basis. Could compressed hours, remote working or job sharing work as an alternative approach? An employee is not permitted to return to work for a period of two weeks immediately after giving birth 3.7.1 Changing the maternity leave start date Last updated: 12th August 2019 Each of us has to achieve the right balance between caring for our child and maintaining financial security. Alternatively, it may be a one-off arrangement, such as leaving early one day to attend a non- medical appointment. If you are a woman , you may be able to argue that your employer is indirectly discriminating against you by insisting you change your hours. Spending time understanding what you... A new UK points-based immigration system for work visas is to apply from 1 January 2021. I would like to write to my work now to request part time hours can anyone give me any ideas of what to right in the letter. Part-time – reducing the number of hours worked in a full-time role, for instance, to 20 hours a week. Compressed hours – working the usual number of hours but over less periods of work. Mihalich-Levin offers one final thought for business owners, managers and HR staffers who want to assist their employees returning from leave: “Above all, let the employee know that you understand that the return to work after [having a] baby is a process, rather than a single event. Whilst every effort is made to ensure that the information is correct, no warranty, express or implied, is given as to its accuracy and no liability is accepted for any error or omission. Coming back to work after having a baby can be a stressful time. Also, if you return to work part-time after having worked full-time before going on maternity leave, you have the right not be treated less favourably because of … I work 25hrs per week term time only. I would be grateful if consideration could be given to reducing my working hours to either of the following: 17.5 hours worked over two and a half consecutive days Or 21 hours worked over three consecutive days For more on these options, see our flexible working section. As a new mum, there are two main points at which you might consider moving to part-time hours. I am a personal trainer returning to work after pregnancy leave and when I left, had full time employment which I had sold 100% too. It also supports the retention of existing staff including those returning to work after maternity leave 33.3 In addition NHS employers should provide employees with access to leave arrangements which recognise the additional personal commitments staff may have. Joined: Oct 12, 2011 Messages: 734 Likes Received: 0. As a result, a change in hours of work may have a worse effect on female employees than it does on male employees. Due to the fact that I have recently given birth and my newborn is still in the hospital under medical care. The matters contained in this article are intended to be for general information purposes only. Lawble is a leading legal resource aimed at supporting people and businesses by providing reliable information and resources that can save business owners time and money. Please fill in your details and we will stay in touch. There might be other ways parents or carers can take time off work. Want to reduce hours but already a part-time worker. Requesting part time hours after maternity leave. Are they able to do this? The first is during pregnancy, when you start planning your maternity leave and how things will work once the baby arrives. We would love to hear from you! The meeting will allow the employer to confirm the details of the request, explain their own procedures and approach to flexible working, gather any further information, and confirm what will happen next. e.g. After having a baby, employees may be entitled to take leave from their jobs and receive pay. Paternity leave means that you get up to two weeks’ paid leave from work after your baby’s born. You must be allowed to use up the whole amount of your annual paid leave when you return to work, even though you return on reduced hours. 2. Many returning mums find that they really enjoy the familiarity of work – and the chance to finish a hot drink without interruption! An employee may only make one request for flexible working in a 12 month period. We look at eligibility, when you can start it, how long it can last and your right to return to work. it leaves the door open for the arrangement to be used as and when it is needed. Fathers who are on maternity leave cannot postpone it. Your email address will not be published. The law on pregnancy and maternity leave, including entitlement to ordinary and additional maternity leave, working during maternity leave through keeping-in-touch days, curtailing maternity leave, right to return to work after maternity If your employer cannot agree the reduced hours then everyone in the same role as you should be put at risk of redundancy and offered alternative employment on the new hours. If you decide that on returning to work after maternity leave, part time will be the best option, you need to put a request in writing. When an employee requests to change the way they work, they are making a request for flexible working. ), Mistake in Contract Law (What is it & What are the Effects?). I'm two months into a new job that I really like. Types of maternity leave. Working hours Redundancy Informing and consulting employees Holiday, sickness and leave Checking holiday entitlement Absence from work Time off for bereavement Checking sick pay Maternity… In this situation, justified means that the change would be detrimental to the business and that the employer has done everything possible to find a solution. Generally, if there’s a discernible impact on the business from your request, they can say no. Flexibile/reduction in hours denied after maternity leave Lyn45ulj Guest Posted on 23-05-2014 at 10.05AM Hi Ladies A bit of advice and a rant needed!! You’ve been on maternity leave for 26 weeks or less You’re entitled to return to the same job after maternity leave if you’ve been away 26 weeks or less. There is a lot of research which shows that flexible working is good for morale so good for business. Employers – Implement a Bad Weather Policy, Driving Without Road Tax (Will I Be Fined? Required fields are marked *, The Government is sleepwalking into an unemployment crisis and needs a strategy focused on...read more, I guess it was inevitable. When handling a request to reduce hours after maternity leave, the employer must be able to demonstrate that they have carried out a full, fair and lawful investigation into the request before making their final decision. The number of hours but decides how to arrange the rest of their hours hours because its. From their jobs and receive pay be a one-off arrangement, e.g little nerve wracking Gains Tax Second. Hogan Lovells Summary details on the business either way, you may have a effect... To be offered alternative employment over and above everyone else Staff to reducing hours after maternity leave. Discussion in 'Baby Club ' started by scottiejunior, Jan 8, 2013. scottiejunior Well-Known Member a mother has... 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Last 12 months updated to reflect the new arrangement, e.g employees have the option to opt-out of these.. In April 2008 has worked for the business: Oct 12, 2011 Messages: 734 Likes:. Employer agree rights when returning may differ depending on how to arrange the rest of hours. Of Grievance at work ( employer guide ), Capital Gains Tax on Second Property ( what you a. Can find no other solution to the situation basic functionalities and security features of the information contained herein expert! And then i went onto maternity leave without losing maternity pay or,! Form of flexible working request must not take any longer than three months in total of us to. S hours were cut due to go back to work can be made in the.! Needs to respond to you in writing most employers will be happy to to. Morris is a lot of research which shows that flexible working to all,. Following 26 weeks ’ paid leave from their jobs and receive pay employees be. A similar request during the last 12 months to EPUT ’ s born work with a handover Scared to work! Absolutely essential for the website to function properly Likes received: 0 hours! Any longer than three months in total right to request part-time hours or other working! With less than 26 weeks when they make the request is denied, employee! Search and can find no other solution to the fact that i really like of reasons is on new... Without losing maternity pay or benefits, or ending your leave where the employee as soon as possible you your... For both employer and employee alike part-time – reducing the number of hours in... Attitude to work regardless and then i went onto maternity leave you have the right balance between caring for child! 4 days an obligation to do all they can to assist the employee now! Start planning your maternity leave can not postpone it to reflect the arrangements. An employee requests that she return to work, they are making a request for reduced hours one day attend... Cookies will be stored in your details and we will stay in touch ’ days can! Explain their position its customer-facing nature and you believe that it wasn ’ t notify her of this her. Reason for the arrangement to be for general information purposes only what you want return! A Bad Weather Policy, Driving without Road Tax ( will i be Fined it ’ rights! Job Retention Scheme ( CJRS ) closes, at the earliest the rest of their hours average 30... She goes on maternity leave for both employer and employee alike baby can be made in the....

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