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Mat Leave, Flexible working notice?


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Hi all,

 

I work for a very large worldwide company and am on Maternity leave at the moment. When i informed them that i was pregnant i was issued a letter, which stated that i had to give 8 weeks notice of my intent to come back to work if i require to change anything. Otherwise it would be deemed that i would return on my exsisting hours and days ect. My mat leave runs out on 01.02.10 but then i have to take my holiday that i have accrued whilst on leave so shouldn't actually go back until 01.03.10.

 

I took the flexibile working request letter from the direct.gov website and filled in the blanks. ( i want to work 2 full days a week between 8 am and 5.pm, used to do 5 days of 9.30 am til 2.30 pm. Said i could do any 2 days at their choice - to what ever benifits the company) i sent this letter to my centre manager and also copied HR. done this on the 01.12.09 so this was 8 weeks before my mat leave finished.

 

I should have recieved a reply with in 14 days, recieved a letter dated 23.12.09 stating that centre manager was too busy to shedule a hearing and i will be contacted as soon as possible to have a hearing? I have heard that another member of staff has also requested a flexible and whilst they have agreed to it they have told her that until they have found a replacement for the hours she has to work them. ( hope that makes sense lol)

 

Anyhow, My problem is that i need to know ASAP if my request is going to be ok as i need to sort childcare. Now to be honest it isn't a major problem as my mum is my childcare but she has a life herself and would like to re-arrange things to know what 2 days she will have the children.

 

Can they just take their time when they told me that i had to gove 8 weeks notice - what was the point in that???

 

Thanks

 

Mccarthybaby

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Hi all,

 

I work for a very large worldwide company and am on Maternity leave at the moment. When i informed them that i was pregnant i was issued a letter, which stated that i had to give 8 weeks notice of my intent to come back to work if i require to change anything. Otherwise it would be deemed that i would return on my exsisting hours and days ect. My mat leave runs out on 01.02.10 but then i have to take my holiday that i have accrued whilst on leave so shouldn't actually go back until 01.03.10.

 

I took the flexibile working request letter from the direct.gov website and filled in the blanks. ( i want to work 2 full days a week between 8 am and 5.pm, used to do 5 days of 9.30 am til 2.30 pm. Said i could do any 2 days at their choice - to what ever benifits the company) i sent this letter to my centre manager and also copied HR. done this on the 01.12.09 so this was 8 weeks before my mat leave finished.

 

I should have recieved a reply with in 14 days, recieved a letter dated 23.12.09 stating that centre manager was too busy to shedule a hearing and i will be contacted as soon as possible to have a hearing? I have heard that another member of staff has also requested a flexible and whilst they have agreed to it they have told her that until they have found a replacement for the hours she has to work them. ( hope that makes sense lol)

 

Anyhow, My problem is that i need to know ASAP if my request is going to be ok as i need to sort childcare. Now to be honest it isn't a major problem as my mum is my childcare but she has a life herself and would like to re-arrange things to know what 2 days she will have the children.

 

Can they just take their time when they told me that i had to gove 8 weeks notice - what was the point in that???

 

Thanks

 

Mccarthybaby

 

Hi sorry no one seems to have replied to your thread yet but heres the answer to your question and i hope it helps clarfiy what your positions is here.

 

The following is taken from the The Flexible Working (Procedural Requirements) Regulations 2002

 

The meeting to discuss an application with an employee

3. - (1) Subject to paragraph (2) and regulation 13, an employer to whom an application for a contract variation is made shall hold a meeting to discuss the application with the employee within 28 days after the date on which the application is made.

 

(2) Paragraph (1) does not apply where the employer agrees to the application and notifies the employee accordingly in writing within the period referred to in that paragraph.

 

(3) A notice under paragraph (2) shall specify -

 

 

(a) the contract variation agreed to, and

 

(b) the date from which the variation is to take effect.

 

You can find the rest of the act here The Flexible Working (Procedural Requirements) Regulations 2002

 

part that applies to you based on what you have said in your post is highlighted in red, the rest is simply for your information

 

So basically the employer has just 28 days from the date in which you made the application to hold a meeting with you. the employer has just 14 days after the date of the meeting to inform you in writing to their decision, in which you also have a right to appeal against. You'll find information on the appeal process that you and the employer must follow under section 6 of the above act.

 

So basically you should have answer to your application before your due to return to work.

 

Hope that helps

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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