Return to Work after maternity leave.

doorstepped · Post by **doorstepped** » 12 Dec 2016, 20:14

have got a FT postie who will soon be returning to work after a year off on maternity leave.

she has stated that she "will not" be coming back on FT hours straight away and want to go onto light duties / half walk until she has built her fitness up again. she also states that she will not be starting at 06:30 like the rest of the full timers.

where does she stand on this?

I feel that she is not coming back from an illness and has in fact had a year to get over her pregnancy and should return as a normal 39 hour postie and do full time hours.

I need to know how to play the whole thing from a rep side of things.

Post by **General Mannerheim** » 12 Dec 2016, 21:14

How would you play it if you had a member who had been off sick for a year?
Would you not be pushing for a phased return to work or modified hours?

doorstepped · Post by **doorstepped** » 12 Dec 2016, 21:23

if the person in question had been off sick for a year then yes of course ( however in reality they would have been IHR'd off long before a year was up )

but the person has not been off "sick" for a year, they have had a baby, it's happened for millions of years and people go back to work all the time afterwards.
a year to recover ( whilst getting paid ) is quite a good rehabilitation don't you think?

what is her right's to come back to work on same hours but later start time?

the postie has stated that she "won't" be starting at 6:30 as she cant due to baby care issues.

so do RM let her start at 8.30am and stay on FT hours?
or reduce her hours to PT where she can start at 8.30am?

Post by **General Mannerheim** » 12 Dec 2016, 22:05

It's not a case do Royal Mail let her come back on FT hours, they have to let her come back on the same terms by law, if she however wants to come back on part time then that is a different matter and for her and not Royal Mail or you to say otherwise.

"Employees returning from ordinary maternity leave are entitled to return to the same job, on the same terms and conditions as if they had not been away. This also applies when they return from taking additional maternity leave, unless your employer shows that it is not reasonably practical to do so, e,g the job no longer exists. In that case, they should be offered alternative work on terms and conditions as if they hadn't been absent."

The fact is whether you or I think it is a long rehab plan is totally irrelevant, the lady is asking for some help and if she is worried about juggling a job and a baby which it clearly seems to be the case don't you think you should be fully behind her rather than coming out with your own views which seem to centre around how you think she is somehow getting one over the rest of the staff in your office?

What does it matter if she gets a few weeks more as in a short term modification or rehab plan?

doorstepped · Post by **doorstepped** » 12 Dec 2016, 22:40

I am trying to look after every member in my office, I don't want any resentment against her when she comes back to work,
it is a small office and if someone thinks they can come back with full time pay for part time hours and a later start time than everyone else, she will get some resentment from everyone else at the DO.

I was asking for a heads up as to what she can ask for and what she can get.

"Employees returning from ordinary maternity leave are entitled to return to the same job, on the same terms and conditions as if they had not been away."
this sentence almost seems to answer my question, so I thank you for that.

Post by **TrueBlueTerrier** » 13 Dec 2016, 15:38

To be frank, if she is a member then your focus should be on her rights and what you can do for her as a member. If she is entitled to reduced hours or a phased return then you should be ensuring she gets them.

If she isn't entitled, it isn't up to you to decide but to make as strong a case as possible and see if management are agreeable.

In my opinion, and all of this post is just that, your own personal views on whether a member is entitled, or may entitled to something is beside the point. You are there to represent them to the best of your ability, regardless of whether you agree with their position/entitlement, or not.

By the way she is entitled as anyone is to ask for a phased return to work based on the "request for flexible working" as is anyone else. The flexible working request does not have to permanent.

Also as a rep, to make sure you are getting the best possible advice, and giving it, you may consider contacting the womens officer at Branch. They will be up to date and more aware of the different rulings and entitlements.

If she does get grief, then its up to the CWU to support her when she ask the managers to tackle the situation as that is more correctly their job. But once you have all the facts hopefully you will be able to explain to the "upset" members that she only got what she was entitled to.

raged1999 · Post by **raged1999** » 13 Dec 2016, 16:48

I had the same issue. What she has to do is put in writing to the DOM and a copy to CWU, a request for flexible working. if the individual is requesting different hours after maternity then it's flexible working the employer has to think carefully about what the woman is asking for and to explore all alternatives and prove that they have done so if not the employer could be facing a sexual discrimination case. Hope that helps.

crazyshrew · Post by **crazyshrew** » 13 Dec 2016, 19:40

OK, So we know on her return Royal Mail have to offer her the same job as she had before or one as similar as possible.
It sounds like she doesn't want that.
On the one hand, if she doesn't want to work FT anymore than it's absolutely reasonable that a smaller contract is considered whether it be shorter or fewer days.
However, if she's genuinely looking to build up her hours to get back into the swing of things, how about finding a way using her 12 months worth of accrued leave for a while to assist her in a phased return to work? I understand PSP records A/L in hrs rather than days so could she come in later and have that hour or two recorded as A/L? That way she's not getting any sort of preferential treatment, it may be hard for the rest of the office to see that it's legitimate leave being used to help accommodate her and she's not just been given a cushy number.

*
As the first female to comment on this thread I get the impression my opinion is similar to the fellas that have commented:-
Maternity leave is nothing like sick leave, yes both are extremely hard work, but extended sick leave is very much in the hands of the gods so many questions with few clear answers (what's wrong with me? how do I get better? when will I get better? will ever be able to do my job or look after myself again??) So much stress and very little idea of whats going to happen.
With maternity (assuming minimal complications) the end date has been in sight from day one, there has been a goal to work and plan towards and up to 12 months if you're not ready for it that's on you...not your employer or colleagues, why should they pick up the slack because you haven't adequately considered your options and put a plan in place?

I'm sure we all know plenty of women who've gone back to work well before the 12 month mark, for goodness sake the Army can (and will) deploy women to active service after 26 weeks from the day they have given birth and this lady is worried about going for a brisk walk?

Sorry rant over!

doorstepped · Post by **doorstepped** » 13 Dec 2016, 21:06

thanks for the replies.

of course I will work with the Dom etc when she does return to work and sort out a mutually beneficial compromise for all parties and thanks to crazyshrew for a woman's perspective on my post.