Decided to go back to work, but circumstances changed, can i reinstate my maternity leave?

[candyy]

I'm really worried and stressed. Work have messed me around at the eleventh hour, leaving me two weeks to sort out childcare for my young baby. I've given notice to return to work at the end of October, but now i want to remain on maternity leave. What are my rights?

Two months ago i arranged flexible working with my employer so that i could care for my baby to fit around my partners shifts at his work. This would enable us to care for him at home without using childcare. This was all agreed by my manager and personnel verbally eight weeks ago, so i then gave in my notice to end maternity pay as of today (sunday 14 Oct), and be reinstated on the work payroll tommorow when i shall use up annual leave. I actually return to my desk at work on 30 of October. Nothing has as yet been signed.

However, 2 days ago work went back on their word and said they cannot accomodate my request for my working week to fit around my partner's shifts. I am now in the position where i have 2 weeks to find childcare three-days-a week for my four month old baby. I'm very stressed and unhappy about this and we don't know what to do as i now don't want to return to work and want to stay on maternity.

Can i ask to be reinstated on maternity pay for the forseeable future? If i hadn't given my notice to return back to work, (which i only did on the basis that i knew my baby would be at home with his dad, or granny occassionally) i could take up till February off, which would then give me more time to sort out a childcare place.

I feel work are being unreasonable expecting me to fix this in such a short time span. I am now on statutory maternity pay and not receiving any money from work. I'm worried i have now waivered all right to maternity leave, does anyone know if this is the case?

Any advice or help would be gratefully recieved.

[flowerybeanbag]

hi candyy

Firstly you are entitled to change your mind about returning early from maternity leave, so you have not lost your rights to maternity pay/leave.

However you are required to give 8 weeks notice before the date you are due back that you are not in fact coming back. I think technically your date of return would be tomorrow - you are 'back' from maternity leave, but are just taking annual leave rather than technically in the office. You could make an argument that as you are not physically expected back in the office, your date of return is 30th October, but the fact is that either way, you are not giving enough notice that you don't in fact wish to come back.

Having said that, you have based your decision to come back on a (verbal) commitment to a flexible working arrangement, so I would say your employer would be extremely harsh and treading dangerous ground to insist on 8 weeks notice from you when you have only had either 2 days or 2 weeks notice (depending on what we count as your return date) from them that the arrangements have changed.


They should know that you would be required to give 8 weeks notice of a change of date, and should therefore have informed you about their change of mind in enough time for you to give the required notice.

So I think you are being absolutely reasonable to write to them immediately and say something like -

you want to change your date of return to February, [or whenever], following their notification 2 days before the end of your agreed maternity leave that the agreed flexible working arrangements are being withdrawn. You understand that normally it is necessary to give notice that you are changing your return date, however as they have only given you 2 days notice of their change of mind, you have not been given the opportunity to make a decision yourself in enough time. Therefore you would like your maternity pay reinstated with immediate effect.

Second issue to deal with is your flexible working request. A few questions -
Was it a formal request under the flexible working regulations or was it a bit more of an informal discussion?
Have you been told (or do you know) why they cannot now accommodate your request - what's changed?

As I say, I think it would be unreasonable for your employer to demand the full 8 weeks notice from you for your decision to extend your maternity leave beyond the initially agree date when you have based the initial date on their agreement to a working arrangement which they have now changed 2 days prior to your return to work date. So I think you are fine to write to them as I have mentioned above, then if you can answer my queries about the flexible working, hopefully we can try and get that sorted as well, if you still want that arrangement, or try and sort something else out instead.

[candyy]

Thank you so much for your reply. My head is really muddled and you've really helped.

To answer your questions:

It was a formal request which i put in writing. I also have a copy of the email sent to me agreeing it all and a document detailing the agreement.

Basically, what i was told on friday was that my manager was and says he still is, happy with my proposal and so he agreed it. However, his manager, who is also the head of corporate personnel, later found out what had been agreed and has vetoed it. It would have meant me working different days on a three week rota that followed my partner's days off work, so that i was in work while he was at home and vice virsa.

My work have instead offered me flexible working 21 hours in work (to be worked over the same three days each week) and a further 7 hours from home. I've also been allowed to drop a day altogether. This is an arrangement which i think is reasonable and i am happy to do. It just won't fit in with my partner's shifts so we will need to find reliable childcare. If work had let me know at our discussions on 10th August, i would have agreed to this way of working, but would not have given an official return to work date so i could have stayed off with my son and wean him etc, research a childminder i was happy to leave him with before he had to go into childcare.

I do have a very good relationship with my immediate manager and work colleagues, and i don't want to rock the boat so much that they renage on their proposal. However, it annoys me i'm worried about upsetting them as they've caused me so much worry. I'm guessing my immediate manager has known about this a while and has put of telling me. It stinks, as he's on annual leave all next week.

[flowerybeanbag]

Please don't worry about rocking the boat or upsetting people - they are the ones mucking you about, not the other way round, and they are probably relying on your good nature and desire not to rock the boat to let them get away with messing you around like this.

If you have had agreement (and have documentation of it) to a flexible working arrangement, this is a permanent change to your terms and conditions, and your employer can't just change their mind.

Having said that, it sounds as though this may be a case of your manager agreeing it without it being checked by his manager, which he may have been required to do - it could well be a case of them agreeing prematurely and now frantically backpedalling and hoping you don't make too much fuss.

None of this is your problem though, and as you said, the notice they have given you of the change of decision is appalling in any case. My guess is they agreed the original proposal prematurely, your manager is probably in trouble for doing so, and they have put forward this similar proposal and are desperately hoping you will agree to it rather than putting your foot down as you are entitled to do.

You could easily challenge their decision to suddenly change their mind, but it sounds as though you would actually be happy with the alternative proposal they are putting forward, as long as you can stay off work longer with your son, spend a bit more time with him and take your time to sort out appropriate childcare.

In that case your best bet is to resolve the issue of not giving enough notice to alter your date of return.

Bearing in mind the ridiculously short notice they gave you about the change in your working arrangements, which meant it would have been impossible for you to give the required 8 weeks notice, and bearing in mind that they are treading extremely dodgy ground agreeing to a flexible working arrangement and then rescinding that agreement, you are in a very strong position.

Write to your boss, say

A) I am giving notice that I would like to delay my return to work until X date. I would therefore like my maternity pay to continue without a break, and the x days annual leave I have booked for x date to x date to be cancelled accordingly. I understand that it is normally required to give notice of a decision to change a return date from maternity leave, however the original date was decided upon based on your agreement to my flexible working application of X date. Now this agreement has been withdrawn at such short notice, obviously I am not in a position to give the usual required notice to alter my return date.

B) With regard to the flexible working arrangement previously agreed, as I am sure you are aware, once a flexible working arrangement is agreed, it becomes a permanent change to my terms and conditions, and once this agreement has been reached and documented you cannot withdraw your agreement as you have done.
I understand you are proposing an alternative arrangement. As it happens this arrangement would suit me, so I am prepared to waive my right to insist on the original agreement remaining in place provided I can extend my maternity leave as detailed above without any requirement to give the usual notice.
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By agreeing to the new proposal without making a fuss you are letting them off the hook a bit, so the least they can do in the circumstances is let you continue your maternity leave without any problem. I would suggest writing in the formal terms I have set out above just so they know you are aware of your rights and the dodgy way they are behaving, but you are prepared to let it go as long as the new arrangement is on your terms. You are being extremely reasonable but it won't hurt for them to get a formal letter so they realise they are lucky not to have more of a fuss.

With any luck, they should let you extend your maternity leave with no trouble at all!

Do that, and see what happens and if there are any problems do come back and we'll sort it out.

[candyy]

Thank you so much, i can't tell you what a great help you have been! I actually work for a council, so i'm pretty gobsmacked that they are trying to pull this off, but now i know what to write to them. Also, i think it's important it's recorded in a letter what a dirty trick they've tried to play.

When he's back at work tomorrow my partner is going to see if his work can help us out and change three of his shifts permanently to 5-12midnight, so he could look after the little one at home in the day. But we really don't know if they offer flexible working for parents as they are a fairly small employer. It's worth a shot though!

I'll let you know what happens

Many thanks again