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Employment lawMaternity

How to deal with requests to return from maternity leave on a part-time basis

by Personnel Today 29 Dec 2008
by Personnel Today 29 Dec 2008
  • Take into account that a change from full-time work to part-time work on an employee’s return from maternity leave requires your agreement.
  • Be aware that the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2002 do not give employees the right to work part time.
  • However, take into account that the refusal of a request to return to work part time after maternity leave may constitute indirect sex discrimination.
  • If you do decide to refuse a request for part-time working after maternity leave, make sure that you are able to justify the refusal objectively.
  • Take a positive view of requests to work part time after maternity leave, and appreciate that such arrangements can be beneficial to the company.
  • Ensure that, where a woman is permitted to return to work after maternity leave on a part-time basis, she is provided with terms and conditions no less favourable (on a pro rata basis) than those she enjoyed while full time.
  • Ensure that you are familiar with the right for employees with 26 weeks’ service and a child under the age of six – which will include employees returning from maternity leave – to request flexible working, which includes part-time working.
  • Train managers on the statutory procedure that must be followed on receipt of a valid request for flexible working.
  • Ensure that a request for flexible working is rejected only for one or more of the permissible reasons.
  • Be aware, and make employees aware, that any change to working arrangements under the right to request flexible working legislation is a permanent change, unless agreed otherwise.

More resources from XpertHR on this topic include:

  • How to manage pregnant employees and handle maternity leave
  • How to respond to an employee’s notification that she is pregnant
  • How to deal with requests for time off for antenatal care
  • How to deal with maternity suspensions
  • How to deal with an employee who has a miscarriage or stillbirth or whose baby dies after birth
  • How to deal with the holiday entitlement of an employee taking maternity leave
  • How to deal with maternity pay, salary sacrifice and childcare vouchers
  • How to deal with keeping-in-touch days during maternity leave
  • How to stay in touch with employees on maternity leave
  • How to ensure employees’ smooth reintroduction to the workplace on their return from maternity leave
  • How to take disciplinary action against an employee during pregnancy or maternity leave
  • How to deal with the situation where an employee becomes pregnant again while on maternity leave
Xpert HR - Practical Guidance for all HR ProfessionalsPractical Guidance for all HR Professionals

Learn More

Pregnancy and maternity rights content on XpertHR

  • Pregnancy and maternity rights from the XpertHR employment law manual
  • Line manager briefing on basic maternity rights
  • Line manager briefing on maternity rights that apply in specific situations
  • Model company maternity policy
  • Model policy on varying employees’ hours on return from maternity leave
  • Model letter responding to an employee’s request to return from maternity leave on a part-time basis
  • Model policy on flexible working
  • Model general policy statement on flexible working
  • Model job-sharers’ contract
  • Model letter agreeing to a trial period of flexible working
  • Model letter setting out an agreement for an employee to move to flexible working on a temporary basis
  • Model form for employees to submit requests for flexible working
  • Line manager briefing on handling requests for flexible working

External Links

  • Acas – Maternity guidance
  • Business Link – Maternity leave and pay
  • BERR guidance – Pregnancy and work: what you need to know as an employer

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Personnel Today articles are written by an expert team of award-winning journalists who have been covering HR and L&D for many years. Some of our content is attributed to "Personnel Today" for a number of reasons, including: when numerous authors are associated with writing or editing a piece; or when the author is unknown (particularly for older articles).

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Personnel Today
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