Returning to work as a parent

When you return to work after your maternity leave, make sure you know your rights and negotiate a work life to suit you, your baby and your employer

Published 01 Apr 2008
0
(0)
Text sizeAAA

Returning to work after having a baby is hard enough without having to worry about being treated fairly by your employer. Your family is here to help explain exactly what your rights are.

When your maternity leave is over

  • Even if you work for a small employer, you must be offered the same job or a similar one, with the same conditions as the one you had before you went on leave.
  • You can choose to return to work before the end of your maternity leave. To do this, you must give your employer at least eight weeks’ notice of the day you will be returning. You can change your mind about returning to work early, as long as you give your employer eight weeks’ notice prior to either the old date or the new one, whichever is earlier.
  • ‘Keep in touch days’ allow you to work for ten (paid) days for your employer while on maternity leave. This will not affect your statutory maternity rights.
  • These are the minimum requirements by law, but some employers offer additional time off and pay, so ask your human resources department for details.

Flexible working

Mums and dads of children under the age of six (or a child with a disability under the age of 18) have the right to request to work flexibly. Flexible working can consist of shorter hours, job sharing, home working or term-time working. Employers must give your request serious consideration, follow a set procedure and can only turn you down if they can justify their decision. You must have 26 weeks’ continuous service to apply. 

Stephanie McKeon, legal advisor for the charity Working Families, has these tips for parents who would like to apply:

  • Plan ahead and make your case as clearly and effectively as possible. Think through what suits your needs and how flexible hours would work for you, as well as for your colleagues and your boss. Do you need it to be temporary or permanent? How will it affect your salary? You are far more likely to get what you want if you have a good, workable plan.

  • Approach your boss informally at first. If this doesn’t work, make a formal request by completing the relevant Department of Trade and Industry (DTI) form and giving it to your boss or human resources department. Be willing to negotiate and come prepared with practical solutions to any concerns they may have by suggesting job-share partners or who could cover for you.

  • Your employer must arrange a meeting with you to discuss your request within 28 days of receiving it from you.

Don’t forget

  • Parental leave Parents of children aged under five can take 13 weeks’ unpaid leave per child, taken in one-week blocks. Parents of disabled children up to the age of 18 receiving Disability Living Allowance can take up to 18 weeks’ parental leave in one-day blocks. You must give your employer 21 days’ notice.
  • Time off in an emergency Employees can take a reasonable amount of time off work (eg, a couple of days) to deal with emergencies, such as a sick child. But check with your employer whether this is paid.

Find out more