Am off on maternity leave and my work have rejected me to go back part time are they allowed to do so?
Answer:
thier policy may have a period of time if you don't come back with in then they can take your job away.
you should ask a lawyer, it doestn sound like they should be able to do that especially with the 2 girls before you being allowed to.
they are allowed to but its not fair that for one its different, why don't you come up with a way to reorganise ask a few people if there prepared to do a little extra and maybe see if you can do some work for a couple of hours from home each day. Once you have a plan go and talk to them about it they can't fire you so what do you have to loose.. if they say no while your on materinity why not apply at another company and tell them you only want part time and thats why you can't continue with this company... good luck. and congrats
Unless it is a policy change such as insurance --then just ask for a more specific reason as to why you are not allowed to come back
Yes they can do that... it's the same as being off on sick leave. Many people think they have to hold your position for you, or that they can't terminate you when you are on leave, but the fact of the matter is that they can do it.
I'm pretty sure they don't have to let you come back part time but they have to give you a good reason for this. Workplaces aren't supposed to discriminate against mothers.
Found this site: http://www.emplaw.co.uk/researchfree-red...
Hope this helps
It must be frustrating that other people have been allowed and you are not being allowed, but legally I don't think that strengthens your case.
They are absolutely not obligated to restructure the position to suit your needs. If you went in as a full-time employee, the position is full-time. They may have been able to restructure the other positions but they frankly stated this is not going to be a part time position. So to answer your question, yes they are allowed to say the position is still the position you were hired to fill.
If you were part time to being with then they have to allow you to come back to work - they only have to guarantee a job "similar status and pay" Not your exact job. I just returned to work this week after 6 weeks of FMLA. However, your employer set precedence when they allowed a co-worker to do so. If you have a formal HR department - I would contact them.
I would contact a lawyer specializing in labour law in your area.
However, in most areas they are only obligated to guarantee you a similar position to the one you had when you left, not the exact same job. And if you were full-time when you left they don't have to let you come back part-time, for example.
if you are in the UK then yes, it's illegal for them to refuse you part time hours. If they can't fit your part time hours in with your old job then they have to assign you to other duties. If they can't they're breaking the law.
That doesn't sound right. I would think an employer would want someone who is off on maternity leave, or because they had a sergery, still work part time. Its better to have them there than not at all.
Maybe they are afraid that something will happen to you.
*if you haven't had your child yet* But seeing that others got to come back it still doesn't make any sense.
I would look into what exactly can happen when you are on maternity leave, if you can come back part-time.
I was in the same position when my mat leave ended, and they do not have to give you part-time hours. They told me they needed full-time staff not part-time staff and so I ended up leaving them. Its crap but legally they can don't have to offer part-time hours.
I think you will find they can not do that especially if they have allowed other workers to do it. Unless it is impossible for the company to work properly or causes serious implications with you on new hours.
i asked my boss if i could go back to work part time and he said no as soon as i asked. when i asked why he said "because i dont want you to". needless to say it wasnt a valid reason.
why can they not give the work you will not complete to others, is it a case they just cant be bothered? because it seems that they are saying the same to you as they did to me. who said you couldnt go back part time? I think HR have the final say, or they do where i used to work.
if they refuse without giving you a real reason then tell them you are taking them to a work tribunual. i think you will find they will change their mind.
good luck.
,the law says you are aloud back part time,and its up to you,if you want to do morning,or afternoons,,go and see the c a b centre,they will even phone your work up and give it to them st right,then see what they say,
Have a look at www.workingfamilies.org.uk - they have afree legal helpline too.
Get informed about how you need to handle this next but it sounds as if they've done it before so why not now.
Not sure if it applies here or not but as a mother, if they say "you do this or else" you can sue them for indirect sex discrimination because you have more childcare responsibilities than a man (or so statistics show).
Have a look at the website and see what your option are.
Good luck
Yes unfortunalty they can. They have to keep your job as it was before you went on maternity they have no obligation to change your working hours. It sounds very mean as they have let previous women do it but they are within their rights to say no.
I would speak to personel about your feelings regarding the other 2 girls and go back to them again.
Depends- you are supposed to notify your employer 15 weeks before your due date how long you will have off, what date you are expected to return to work and whether you will change your working pattern on your return.
However if you did not tell them about your working pattern, they should still not be able to completely deny your request because it is discrimination. I would talk to either a union or and employment solicitor.
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