Work have refuses my request to return to work two weeks later.

[princessp]

I have recently requested returning to work two weeks later than planned. Upon making the request, my employer refused as they stated that I did not give enough notice. They have stated that I needed to give 8 weeks notice from the last day of my maternity leave. However I was under the impression that it was 8 weeks from the return to work day ( as I have 4 weeks annual leave at the end on my maternity leave.) The wording of the policy states - "should you wish to extend your Maternity Leave you must provide us with at least eight weeks' advance notice of the date on which you wish to return." I have them 10 weeks notice from my return to work date and 6 weeks notice from the end of my maternity. Would other people make the same assumption as me when reading the wording of the policy?

 

[MrsS143]

Its definitely 8 weeks before your planned return date
Call HR again
X

 

[heatheror12]

I have just sent my letter to. And it's 8 weeks notice from the date you said u was returning in your letter if that makes sense. I rang my HR an was told that. I'd contact your HR hun x

 

[littlemonkey]

Are you changing the date you want your maternity leave to finish on? So you want to take an extra two weeks mat leave and then your four weeks annual leave? Or is your mat leave finishing on the same day and you're taking six weeks annual leave?

Sorry but your company is right. It is eight weeks notice from the end of your maternity leave NOT when you want to return. All the paperwork I've been given clearly states that and that I deal directly with my line manager if I want annual leave after mat leave finishes.

 

[Niknaknoo]

I hate to be the one to disagree but I do think they might be within their rights. Technically your return to work date is the end of your maternity leave, even though you have holidays booked you should be getting full pay for your hols and I would class that as back to work.
I do however think they are being unreasonable and you should argue your case!!
Good luck! X

 

[MrsS143]

Thats what i mean
You can request leave
If theyre short staffed though and need you they are within their rights to say no to it
But youd technically be back at work of you were granted it x

 

[princessp]

Yes I would be extending my maternity leave by two weeks and then will still have my 4 weeks annual leave before I go back. Imy point is, do you not think this is clear enough in the wording of the policy. If I had known that if was two weeks from the end of the maternity leave then I would've told them sooner. I feel like the policy wording is incorrect and therefore i was given incorrect advice. My reason for returning to work is I wish to continue breastfeeding for longer. I feel they are being petty and having that two weeks extra off would make a big difference to me. Their refusal has made me very anxious to return to work at all as I feel they are not being supportive.

 

[CARNAT22]

What a pain for you, but sadly I do think your work might be right here.

It has to be 8 weeks before your ML end date, not the date your accrued AL will end, so if you are due back on say 1st November but have leave until 1st December, you would have need to have sent a request in 8 weeks before 1st November.

It's a bit petty and rubbish of your work, but sounds "correct".

I sent a request to work a few weeks back to extend my ML by a few weeks [unpaid] but I am not due back until January. I sent request so early as I was asking them to pay me for accrued leave as my my SMP ends soon, so I thought I may as well ask them now? They haven't replied!!

X

 

[Orion]

I think it's clear. Being on maternity leave and taking annual holiday are two totally different things as far as HR and payroll are concerned.

 

[princessp]

Thanks for all your advice. I am annoyed that my HR policy doesn't seen to give the correct information. I think most people would read it as 8 weeks from the return to work date?

 

[CARNAT22]

I get the confusion and yes it is unclear.

Have they agreed the 4 weeks AL {I assume you booked this ages ago} but refused an additional 2 weeks?

X

 

[princessp]

Yes they agreed the 4 weeks leave ages ago. They are jist refusing the two weeks extra maternity leave. It's important to me as I will only be in work a week before Christmas and then won't be back in until January 2nd so I could then breastfeed my baby until he is a year he has never had formula and would like to go straight from breastfeedig to cows milk as he will be a year after Christmas. Going back that two weeks earlier means i will be in work for 3 weeks before the Christmas break and it will be too difficult to continue breatfeeda g for that length of time as I do long shifts.

 

[TTT]

Don't let going back to work stop you breastfeeding! Look up your rights, I'm sure I read somewhere that you have to be allowed time to go and express somewhere in private and maybe whoevers looking after baby could bring them in for a feed?
http://www.maternityaction.org.uk/w...inuing-to-breastfeed-when-you-return-to-work/

Contact the breastfeeding helpline or your lactation consultant they will help you know your rig ht s

 

[Lucyboo]

My work are the same i hav to contact them 8 weeks before the end of my maternity then i have 6 weeks acrued leave after that so would have ti cintact them 14 weeks before my actual return date. Im not sure what you do but a lady at my work used the fact she breastfed her son to do alternative shorter duties. And when she was doing them was able to go off and express in a private room. Do the not have a policy to support breastfeeding mums.

 

[CARNAT22]

I am still bf'ing (Bee is a bottle refuser) but I am not back until she is over a year. She has an issue with cows milk - not an allergy according to GP - but she has an immediate reaction to milk, cheese and yoghurt..I didn't even think she won't be able to go to cows milk. Crap!!!

I plan to feed as long as I can and was hoping I could get into morning, evening and night feeding but I'll be going a good 8 hours in the day without feeding so not sure what I'll do?

It's a minefield and it's bloody depressing.

Maybe explain the HR about the feeding situation and see if that makes a difference.

As a side note I am not sure how strict the 12 month guideline is. I am sure James started having cows milk when he was about 11.5 months. So in worse case if you do have to go back maybe you can move to cows milk earlier?

X

 

[princessp]

He will only be 10 months when I go back on the date they want me to. If u take an extra two week it means only a few days before Christmas so I won't be back properly until he is 11 months which makes such a difference. I am so stressed about how I'm going to manage the breastfeeding. I havent stopped crying since they redused my request. They have a breastfeeding policy and have said I can have a private room etc but o find expressing really difficult. I understand they may be acting within the law but I honestly think their policy is misleading. I honestly thought itwrrks 8 weeks from my return to work date on 7th of December. This is what they wrote to me to confirm wheb I went off on maternity. Anybody else think I have a cad for saying they have provided misleading information?

Given the date you have chosen to start your maternity leave, and based on your indication to take a period of 10 months Maternity Leave, followed by 19 days Annual Leave (10 November-4 December 2015), your Maternity Leave will come to an end on 9 November 2015 and your return to work date will be Monday 7 December 2015. (Please note that your last day of Statutory Maternity Pay (SMP) will be 11 October 2015).
If you wish to return to work before this date, you must give us at least eight weeks' advance notice of the date on which you wish to return. Likewise, should you wish to extend your Maternity Leave you must provide us with at least eight weeks' advance notice of the date on which you wish to return.

I just feel like they are being petty and it makes me so upset to return to work.

 

[CARNAT22]

I don't blame you for being upset. Have you explained your situation (bf'ing and misunderstanding the policy). The fact that it's two weeks extra may mean they have some wriggle room as technically you could have requested another 2 months ML, and another month unpaid parental leave.

I'd maybe send an email to your direct manager and see if they can do anything to help?

X

 

[Niknaknoo]

I can see the misunderstanding. And I would try and argue it with them. They have said your return to work is Dec 7th so they have made an error there although it does state when your mat leave ends. It's a tricky one.
I'm going back to work 30th Nov and my boy isn't 1 till March but I'm planning to continue bfing as long as he wants it. I'm pumping every night to build up a stash now so I won't need to worry too much about pumping during working hours. It's a pain but it's got to be done!!
If you let them know how stressed you are they might change their minds. Or you could always get a Dr's note...(not something I would usually suggest esp if you want to maintain a good working relationship but it's an option) x

 

[TTT]

Definitely speak to them and explain the situation like others have said. They are being a bit anal but they may be reasonable if you speak to them.

I can totally understand why you are upset

 

[littlemonkey]

I understand that it doesn't seem clear in how they have worded it. But it is not them being unreasonable. The law regarding maternity leave is that an employee must give eight weeks notice. The same law is there to protect you.

Personally I would ask to take six weeks annual leave then or ask for an additional two weeks unpaid leave at the end of your annual leave. You will also have accrued bank holidays whilst on maternity leave so that should give you another so many days to take.