Permie Maternity Retrun Question..

[SueEllen]

Sorry, is that the IT Contractor forum on which someone is asking a permie HR question??

The very least he could have done is find a relevant forum or even actually searched sites dedicated to employment law. Even Mumsnet would have been a better place to ask.

Some people on here aren't just IT Contractors they run small businesses so they will have a grasp of the law.

However I agree it's better to actually ask advice from an organisation that knows i.e. Worksmart from TUC or DirectGov -Work and Families rather to leaving it to random strangers on any internet forum.

[Sockpuppet]

Even Mumsnet would have been a better place to ask.

Did you not learn anything from our last holiday. Mumsnet is never a better place to ask.

[northernladuk]

There wouldn't be much point in a forum then would there?

Sorry, is that the IT Contractor forum on which someone is asking a permie HR question??

The very least he could have done is find a relevant forum or even actually searched sites dedicated to employment law. Even Mumsnet would have been a better place to ask.

[Sockpuppet]

Your wife is entitled to return to the same role as before, and her employer must agree to keep the role open. If your wife wants to work a reduced number of days, her employer can agree to this, but does not have to. If no agreement is reached her employer will be under no obligation to keep her on. Sounds a bit harsh but at least her employer is looking around for other roles she can do 3 days a week. I suspect in the current environment many employers would just sign off a P45.

Agreed. There are two different rules in play here.

1) you are entitled to return to the job you left after Maternity (within reason).
2) You are have the right to request flexible working hours (however the employer only has the need to investigate and can turn you down).

By reducing your working hours before returning to work you are asking for the 2nd item to be implemented instead of the first.

To be honest I don't think you will get very far arguing with the employer beyond him withdrawing the job their have found / created for her and insisting on your wife either returning full time or resigning.

Both sort of right. You have the right to return to the same job if your maternity is 6 months or less over 6 months you only have the right to return to any suitable job (same pay, conditions, status). that your employer gives you. New parents all have the right to request flexible working which much be given consideration it is not linked to maternity leave or the 6 month rule it is separate. You can make one of these requests every 12 months.

this is not to do with contracting but I need some advice...

wife is returning to work after maternity leave...she managed a group of 5 people and asked to return 3 days a week, they said OK. that was 3 months ago...as the return time was approaching she pressed them for details and what days....out of the blue they called and said "business has picked up" and "we need someone fulltime to run the group"....so they say they want to hire someone else to do her old job and she can do "other tasks" 3 days a week and they will see how it "works out".....

sounds to me like a stich up and almost a demotion...is this legal ??

On the face of it if they've given her it in writing then they can only back out of this 3 days per week with her consent but if she's been off over 6 months then there isn't any protection from here looking after something else as long as her pay and "status" isn't affected negatively.

[eek]

Sounds fair to me. As Greg has said she is entitled to return to the same role, but she is asking to return to a significantly different role. Try to see it from the employer's point of view, they need someone to do her specific role 5 days a week which does seem reasonable for someone supervising/managing a busy team but she won't be available to do that.

Agreed. There are two different rules in play here.

1) you are entitled to return to the job you left after Maternity (within reason).
2) You are have the right to request flexible working hours (however the employer only has the need to investigate and can turn you down).

By reducing your working hours before returning to work you are asking for the 2nd item to be implemented instead of the first.

To be honest I don't think you will get very far arguing with the employer beyond him withdrawing the job their have found / created for her and insisting on your wife either returning full time or resigning.

[JamJarST]

this is not to do with contracting but I need some advice...

wife is returning to work after maternity leave...she managed a group of 5 people and asked to return 3 days a week, they said OK. that was 3 months ago...as the return time was approaching she pressed them for details and what days....out of the blue they called and said "business has picked up" and "we need someone fulltime to run the group"....so they say they want to hire someone else to do her old job and she can do "other tasks" 3 days a week and they will see how it "works out".....

sounds to me like a stich up and almost a demotion...is this legal ??

Sounds fair to me. As Greg has said she is entitled to return to the same role, but she is asking to return to a significantly different role. Try to see it from the employer's point of view, they need someone to do her specific role 5 days a week which does seem reasonable for someone supervising/managing a busy team but she won't be available to do that.

[Fred Bloggs]

Does make you wonder doesn't it. Advice from a load of random strangers on an open forum rather than going out and finding the info first hand. Never ceases to amaze me.

There wouldn't be much point in a forum then would there?

[Greg@CapitalCity]

Yes

Your wife is entitled to return to the same role as before, and her employer must agree to keep the role open. If your wife wants to work a reduced number of days, her employer can agree to this, but does not have to. If no agreement is reached her employer will be under no obligation to keep her on. Sounds a bit harsh but at least her employer is looking around for other roles she can do 3 days a week. I suspect in the current environment many employers would just sign off a P45.

[northernladuk]

I'll never understand why people don't use google more.

Even a cusory search brings up this, this and this.

I've no idea how accurate or reliable these sites are, but I'm sure they'll start you in the right direction.

Does make you wonder doesn't it. Advice from a load of random strangers on an open forum rather than going out and finding the info first hand. Never ceases to amaze me.

[jmo21]

I'll never understand why people don't use google more.

Even a cusory search brings up this, this and this.

I've no idea how accurate or reliable these sites are, but I'm sure they'll start you in the right direction.

[PinkPoshRat]

You might be better off by posting you question here Yahoo! Answers - Home

[systemx4]

this is not to do with contracting but I need some advice...

wife is returning to work after maternity leave...she managed a group of 5 people and asked to return 3 days a week, they said OK. that was 3 months ago...as the return time was approaching she pressed them for details and what days....out of the blue they called and said "business has picked up" and "we need someone fulltime to run the group"....so they say they want to hire someone else to do her old job and she can do "other tasks" 3 days a week and they will see how it "works out".....

sounds to me like a stich up and almost a demotion...is this legal ??