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Returning to work after maternity leave

  • 26-04-2016 10:22am
    #1
    antodeco
    Registered Users, Subscribers, Registered Users 2 Posts: 13,631 ✭✭✭✭


    Hi all,
    OH is returning to work after being on maternity leave. She requested reduced working hours, and verbay said it would be OK. She has received a letter, stating that they are not allowing her these reduced hours. I can understand due to business reasons.

    However, the issue is that she has been given 48 hours notice of refusal of reduced hours, meaning that all new minders, etc need to be sorted within 2 days.

    Is there a minimum amount of notice the employer needs to give advising of refusal of reduced hours? She had asked verbally and they said to email it in, which she did, 4 weeks prior to her return date, and which they said should be no problem.

    Thanks


Comments

  • #2
    livedadream
    Registered Users, Registered Users 2 Posts: 2,457 ✭✭✭livedadream


    The laws around protection of employment while on maternity leave are very clear, her employers are obligated to keep her role open and the same as from before she left.

    While there is a moral issue here of making a verbal agreement and then backing away from it legally there isnt much you/she can do while an oral contract is a legal agreement without proof or because its not really a contract there is alot of 'fuzzyness' there.

    She is entitled to give 4 weeks notice of her return to work to the employer.

    you seem to be implying she sent the letter four weeks ago and it took them 3 weeks to respond and she is due back to work in two days?

    this is a good bit, the employer is obligated to respond within 5 working days to a request for change of details (best practice) so she could just approach them and say listen lads we had this agreement to lower my working hours i put all the stuff i needed into practice (minders etc) now youve posted me a letter saying i cant, this is okay but i need more notice to sort out stuff on my side.

    see how that plays...


  • #3
    antodeco
    Registered Users, Subscribers, Registered Users 2 Posts: 13,631 ✭✭✭✭antodeco


    livedadream wrote: »
    this is a good bit, the employer is obligated to respond within 5 working days to a request for change of details (best practice)

    Pretty much waiting until 2 days before due back, 3 and a half weeks after applying. She is taking holidays now for the next while to try sort stuff as theres not enough time to get things all sorted.

    Additionally, the extra hours equals more for minders, so it may not be financially viable to actually go back.


  • #4
    livedadream
    Registered Users, Registered Users 2 Posts: 2,457 ✭✭✭livedadream


    antodeco wrote: »
    Pretty much waiting until 2 days before due back, 3 and a half weeks after applying. She is taking holidays now for the next while to try sort stuff as theres not enough time to get things all sorted.

    Additionally, the extra hours equals more for minders, so it may not be financially viable to actually go back.

    its a tough one because your OH clearly wants to return but if it works out as more with childcare etc its tricky.

    Try youre best and hope for the best, other than that there not much else can happen.

    The letter thing is poor effort on their part but it could be argued that something changed in the business so they sent out notice as soon as they could.

    Best of luck with it.


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