Maternity Leave Facts
Juggling the demands of work and children can be hard.
In one in five relationships women are now the main breadwinners and make up half of the UK workforce.
Our lifestyles and financial pressures mean that in more and more families, both partners are working either full or part-time.
Legally you have the right to return to your same job on the same terms and conditions.In addition you should also benefit from any general pay rises or improvements in terms and conditions that apply to your job and occurred while you were on leave.You should also build up holiday entitlement while on maternity leave in the same way as if you had been at work.
If returning to your job no longer suits your circumstances and you have worked for your employer for at least 26 weeks (including any period on maternity leave), as the parent of a child under the age of 16 you normally have the right to ask your employer for a change in your work arrangements to help you care for your child.
Making a permanent change to your contract of employment is a big step, and should not be entered into lightly.If you have concerns about this you might suggest to your employer that a trial period of working flexi-time might be appropriate.
Your Options
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Part-time work |
You can reduce your hours per day or the number of days you work |
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Flexi-time |
Staggering your hours ie8-4pm or 10-6pm. Reducing your lunch hour to finish earlier or start later |
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Compressed hours |
Working longer hours but fewer days ie 8-6 four days a week instead of 9-5 five days a week |
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Term-time working |
Unpaid leave during school holidays.Usually there is an option to stagger your salary across the year |
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Working from home |
This could be part working from home or full-time |
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Job-sharing |
Sharing your job and pay with another person |
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Weekend working |
Working a weekend day instead of a weekday |
How to request a change in your employment
You must apply in writing and need to cover the following points.
- Date your application
- State that you are applying under your statutory right to request a change in your working hours
- The change you are seeking
- The date you want to start the changes – you must allow at least 14 weeks
- Reason why you are requesting the change – ie that you are responsible for a child and your relationship to the child
- Explain the effect on your employer and how any problems that they may face as a result of your request can be resolved.
Click here to use the standard format recommended by the government and follow the download for standard flexible working application form
http://www.direct.gov.uk/en/Employment/Employees/WorkingHoursAndTimeOff/DG_10037051
You are only permitted to make one application a year regardless of whether a previous application was made.
What your Employer must do as a result of your request
Your employer has a legal responsibility to seriously CONSIDER your request but this can be turned down if there are genuine business reasons for doing so.Your request cannot be turned down for any other reason.
They must hold a meeting within 28 days of receiving your letter, and must give you their decision within 14 days. You are entitled to take someone with you into the meeting such as a friend or trade union representative
What if your request is turned down ?
You have 14 days to appeal in writing.Your employer must arrange an appeal meeting and you may take a friend or trade union representative into the meeting.
If you request is turned down again, there is little more you can do except if you believe your employer did not follow the correct procedure, or took a decision for an invalid reason.In which case you can resort to your firm’s grievance procedure or an outside body, such as an employment tribunal or take up a case of sex discrimination.
You should take advice on your options - contact Advisory, Conciliation and Arbitration Service (ACAS) for free advice and guidance on 08457 474747 or visit their website
