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I am currently on maternity leave and will be going back to work in the summer. I do part time 7-1pm. I have had to find childcare for two days a week and managed to get a nursery that opens at 7am. However, this means I will be late for work by 15 minutes, but according to my boss I will be done for lateness and could be sacked for it. She also mentioned that because of this I could not go back to my old job. She then stated that there were no other jobs available in the department and that she would contact another manager. They have now come back to me offering 9am to 1pm which would mean I would take a 2-hour pay loss. Do I have the right to refuse the hours offered? And if so must my employer offer something else or as I have refused their offer can they simply say I have to leave? I was told that if you are paid contractual maternity pay from your employer you have to go back to work for three months. However if I have to leave due to their inflexibility do I have to pay it back?
Answered by: Sejal Raja
The starting point is that you are entitled to return to the same position, same hours, etc that you were undertaking prior to the commencement of your maternity leave, which… View full answer >
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I have been a self employed agent with a company from earlier this year and have signed a yearly contract with them starting from that date. I have found out that I am pregnant and the baby is due in the autumn. I haven't told my principal yet as I am waiting on scan and test results coming back. I know I will be entitled to Maternity Allowance, but I would like to know what my rights are regarding my contract as I am fit and healthy and wish to continue working right up to my due date and returning after minimum maternity leave. Do the company need to keep me on? Will they still pay my commission during my maternity leave and also do they have to keep the position open for me to return after the baby? View full answer >
Answered by: Tara Daynes
Following the birth of my second child and a year's maternity leave I went back to work on a part-time basis, but to a different role, different location and reporting to a different manager, all of which I did agree to because the only option I was left with was either work full time or take redundancy. I was not financially disadvantaged by this. Now nearly 4 years later I find myself struggling to be promoted in any way within the company. I continue to work part time (3 days a week) and am not willing to do the role I am currently in on a full-time basis. Whilst I am in no worse financial position I do feel that the work is of a less senior level. In the last few weeks there was an announcement saying that three people (full-time male employees) have been promoted to new roles which were not advertised. The Company has a complex structure and as such it is difficult to confirm whether the promoted employees are on the same level as me, however I think they are. I am very frustrated because it seems to be impossible for me to be promoted. If the (full time) roles had of been advertised then I could have chosen whether or not to apply, but because they weren't I had no opportunity to even be considered. Additionally the company NEVER advertises part-time roles in the department in which I work, let alone at my (manager) level. At the end of last year I did express an interest in career development and stated that I would not want to be missing out on opportunities because they assumed I wanted to continue working part time, but I stressed it would depend on the role. One of the three roles is located in the original office I worked in prior to my maternity leave and therefore the possibility of me working more hours is much more feasible. I've tried to discuss this with my manager, but was told that perhaps if I would commit to returning full time there may be more options available. Recently my manager has reinstated the team meetings which she has arranged for a day I do not work. I am the only employee in the team not in the office five days a week. It is difficult for me to be perceived as a manager by the rest of the team when they have these meetings without me. Again I have mentioned this to my manager, but was told my attendance was unimportant. Please can you confirm what the legal situation is, but also what I should do. I'm getting to the point where I feel I will have to leave in order to carry on with career development. View full answer >
Answered by: Alan Lewis
I have worked for my company for 15 years and one from full time (27 days + bank holiday = 35 days holidays) to part time after maternity leave. I work Tues, Weds & Thurs. For the past 3 years I have been taking 16 days holiday (excluding any bank holidays). They have now said that this is incorrect and to make it fair to everyone they have included bank holidays in my entitlement. This is how they have worked it out and I have no idea if it is correct: 35 days (basic 20 + 7 days extra for long service + 8 days bank holidays) pro rata is 21 days then they have taken 8 bank holiday from my entitlement, leaving me with 13 free days to book off. I don't understand if they pro rata the 8 bank holidays into my entitlement to give me 21 days how they can then take a full 8 days from me. On the holiday sheet they have added the bank holidays and marked everyone off as a holiday, giving me 21 days and taking away 8. As most bank holidays fall on Mondays and I don't work Mondays I have never considered any of this before. I would really love to know if this is correct. View full answer >
Answered by: Tara Daynes
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