Work Problems! :-(

[brunettebimbo]

Due to the kind of job I do I told my employers I was pregnant at 7 weeks. I am currently on a temporary contract covering for a girl on maternity leave. I was told that if she came back on 5 days they would give me 3 permanent days and if she came back on 3 days they would give me 5 permanent days. This girl came back a few days after I told my employer I was pregnant on a 3 day contract so I thought I would be given 5 permanent days.

My employer has given me a letter saying that I can take the 5 days but only be able to come back on 5 days or nothing when my maternity leave ends or take 3 days and 2 temporary days up until I leave for maternity and then come back on 3 days.

I was then told by my employer today that I should take the 5 days as she doesn't think there will be 3 days for me! Does she really think I am going to go back full time after having my baby!!!!?

I have all of the above in writing but now I am worried that they aren't going to give me the 3 days when I come back!

I shouldn't have to worry about this yet, my baby isn't due until October!!!!

They have treated me really badly since finding out I am pregnant and it is stressing me out!

Due to working hours I can't get into Citizens Advice so have emailed them and am waiting for a reply.

I'm just wondering if any of you girls know what rights I have?

 

[brunettebimbo]

Anyone?
I spoke to my other boss about what she said and he started raising his voice saying she had not said that even though I had witnesses to say that she did!!

 

[KittyVentura]

They have to consider your request for flexible and reduced hours when you return from work but there is nothing in the law saying they have to grant it. They can only refuse you with a "genuine reason" and one of those is not having enough staff to cover the work xx

 

[LankyDoodle]

You don't have to tell them your intentions for returning to work after the baby. You don't even have to commit to returning to work. For eg, you can keep everything open by saying you are returning and then providing you give the necessary notice you can still leave on or before the day your maternity leave is due to end.

Legally they cannot discriminate against you for pregnancy. Fact. If you can prove they offered you the 5 days if she came back on 3 (witness or anything) then you could take action if they then refuse this. Do you have a union? They also cannot force your hand on committing to the fact you WILL return, so take the full 5 days. When you come to return to work, you can put in a flexible working request (so request to go down to 3 days or whatever) and they MUST consider it at length and seriously. They can decline but they have to give a very good written reason why they have done so.

Obviously you need the 5 days for now otherwise you wouldn't be considering it, but the fact is, if they can give you 5 now then have the same arrangement with you that they had with the girl that just returned, while you are on maternity yourself, then when you return it should be possible for you to do 3 days and your replacement to continue a couple of days as well, or for them to get a 2 day replacement.

Your other option would of course be to just agree to the 3 days now and do some temping 2 days a week until you go on maternity leave, but of course this will affect your SMP entitlement (you will get less for the 6 weeks where you get 90% of your weekly salary).

Good luck deciding but don't for one moment let them push you into anything as you have legal rights. If they start getting funny then get onto your union, ACAS or CAB.

 

[groovyjem]

hi am so sorry your have rubbish time with work ... am sorry i carnt offer any advise but didnt want to read and run .... hope you work things out

 

[brunettebimbo]

It's not so much that, it's that they are asking me to decide now, I know i will come back on 3 days but why do I have to decide now? My temporary contract doesn't end until June!

 

[EverythingXd]

Sorry to hear you're having problems with work. I'm afraid I don't know legal stuff, but usually employers have employee handbooks or similar with their official policies on things like maternity rights. Does your employer have anything like that? Sometimes they cover alternative working arrangements following mat leave.

I should say now you have it in writing that you can go back on 3 days, and do 2 extra temporary days until mat leave, your employer will stick to that.

Good luck

 

[brunettebimbo]

Obviously you need the 5 days for now otherwise you wouldn't be considering it, but the fact is, if they can give you 5 now then have the same arrangement with you that they had with the girl that just returned, while you are on maternity yourself, then when you return it should be possible for you to do 3 days and your replacement to continue a couple of days as well, or for them to get a 2 day replacement.

They will give me 2 temporary days and 3 permanent until I go off on my maternity leave.

 

[LankyDoodle]

It's not so much that, it's that they are asking me to decide now, I know i will come back on 3 days but why do I have to decide now? My temporary contract doesn't end until June!

Yes and I've just typed out a long post telling you that you legally don't have to decide now.

 

[LankyDoodle]

Obviously you need the 5 days for now otherwise you wouldn't be considering it, but the fact is, if they can give you 5 now then have the same arrangement with you that they had with the girl that just returned, while you are on maternity yourself, then when you return it should be possible for you to do 3 days and your replacement to continue a couple of days as well, or for them to get a 2 day replacement.

They will give me 2 temporary days and 3 permanent until I go off on my maternity leave.

Right so if you know you only want 5 days until you go on maternity and 3 when you come back, why the panic? I understand you don't want to decide now - you don't have to and they legally cannot force you to make that decision. However, I don't see why the need for extra worry if you CAN have 5 days now and 3 days when you come back. If the 3 days are permanent then they cannot take them away from you just because you decide you no longer want the 2 temporary days. That's the law. They have to hold those days open for you as they are permanent.

 

[Lucy_lu_84]

its true you don't legally have to decide now ... they cannont force you into a decision now!

 

[brunettebimbo]

Obviously you need the 5 days for now otherwise you wouldn't be considering it, but the fact is, if they can give you 5 now then have the same arrangement with you that they had with the girl that just returned, while you are on maternity yourself, then when you return it should be possible for you to do 3 days and your replacement to continue a couple of days as well, or for them to get a 2 day replacement.

They will give me 2 temporary days and 3 permanent until I go off on my maternity leave.

Right so if you know you only want 5 days until you go on maternity and 3 when you come back, why the panic? I understand you don't want to decide now - you don't have to and they legally cannot force you to make that decision. However, I don't see why the need for extra worry if you CAN have 5 days now and 3 days when you come back. If the 3 days are permanent then they cannot take them away from you just because you decide you no longer want the 2 temporary days. That's the law. They have to hold those days open for you as they are permanent.

Sorry about your post before, think we posted at the same time!

The reason I don't want to decide now is that what if H2B lost his job or something in the next 18 months and I was the one that needed to return to work 5 days after accepting the 3?