- 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
Practical Guidance for all HR Professionals
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
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