Thread: Maternity leave and returning to work

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Hi there.

I can't really advise on the benefits situation - others may have more knowledge or I would suggest contacting the DWP directly. Your friend has though the right to notify her employer of her intention to return to work earlier than planned, providing that she gives at least 8 weeks notice. She also has the legal right to ask to return to work on reduced hours under the flexible working legislation, however the employer is not obliged to accept the request if there is a good business reason not to.

Your friend should therefore make this request as early as possible in order for the employer to explore the viability of her returning on a part time basis. She may be able to suggest ways in which her proposal will actually benefit the employer, and she should indicate how she plans to work the hours (2 full days, 4 half days etc).

The first part of the letter is straightforward enough - something as simple as:-

Dear Sir

As you are aware I am currently on a period of Additional maternity Leave and had originally planned to resume my duties on [DATE]. I am however writing to advise that I no longer wish to take the full period of Additional Leave and I intend to return to work on [DATE]. As required by legislation, I am providing you with the neccessary 8 weeks notice of this fact, and am looking forward to returning.

Naturally the change in my family circumstances has led me to consider my working arrangements, and in particular the hours which I spend at work. I am aware that legislation permits me the right to ask you to consider a flexible working arrangment which takes into account my childcare needs. For this reason, I am formally asking you to consider a request for me to return to work on a part-time basis, working a total of 16 hours per week.......

From that point onwards you should propose the more precise details of how she intends to complete those hours. There is some useful guidance HERE HERE and HERE which will help to decide the best working pattern and how to put the case to the employer.

It is worth pointing out that if a request for flexible working is accepted, the employer is not obliged in the future to revert to the original, full time hours. Also, whilst the employer is not obliged to accept a request for flexible working, if he does so without having a good business reason, this may amount to unlawful discrimination.

Hope this helps.