Returning to work

Returning to Work

Returning to work is a tough decision for some Mums and a financial necessity for others. Either way it is always hard and some Mums decide to either put off returning to work or resign altogether to spend more time with their baby. It goes without saying that childcare is expensive and many new parents find the extra earnings barely cover the costs, so it's important to weigh up the pros and cons and decide which arrangement will work best for you as a family. Though there is no automatic right, in Guernsey, to reduce your hours or increase flexibility, some employers will be happy to consider cutting down your work, or perhaps organising a job share with another new mum so it's certainly worth arranging a time to meet to chat through your options.

There are no legal entitlements to Maternity leave or pay in Guernsey but local employers will generally give you an entitlement after you have worked with them for a minimum of two years. It is advisable to set out in writing the terms of your Maternity leave, pay and leave entitlement and return dates.  An employer is not obliged to keep your original job open and you may asked to undertake different duties.  You cannot be sacked for falling pregnant or taking agreed Maternity leave.

It's important to note that if you want to change the date you return to work, you must tell your employer in writing, at least 8 weeks before you are orginally due back.

Your right to flexible working in Guernsey?

In Guernsey we currently have no right to request flexible working by Law.  The UK employer has to seriously consider any request submitted for a change in working hours once the employee is due to return to work, however we have to depend on the good practice and understanding of our employers.  Any employer worth their salt should seriously consider any application that you make nonetheless and should only reject it if there are good 'business reasons' as listed below:

The burden of additional costs

The detrimental effect on the ability to meet customer demand
The detrimental effect on quality
The detrimental effect on performance
If the employer is unable to reorganise the work among existing staff
If the employer is unable to recruit additional staff
If there is not enough work during the periods the employee wants to work, or if there are planned structural changes

 Always remember that you can request flexible working in Guernsey but you do not have the right to it.

 

What is Flexible Working?
 

'Flexible working' is a phrase that describes any working pattern adapted to suit your needs. Common types of flexible working are:
• part time/reduced hours: working less than the normal hours, perhaps by working fewer days per week
• flexi time: choosing when to work (there's usually a core period during which you have to work)
• annualised hours: your hours are worked out over a year (often set shifts with you deciding when to work the other hours)
• compressed hours: working your agreed hours over fewer days
• staggered hours: different starting, break and finishing times for employees in the same workplace
• job sharing: sharing a job designed for one person with someone else
• homeworking: working from home

• term-time working: allows you to be in a permanent full or part-time job while taking unpaid leave during agreed school holidays. (Your pay may be averaged out over the year.)
• compressed hours: where you work more hours each day, but fewer days of the week
   

The process of making a request and your employer considering it can take a while, so if you are thinking about changing your work pattern, speak to your employer as early as possible.
You should also be aware that if your employer agrees to your request, then it may result in a permanent change to your contract of employment. If you request a flexible working pattern that will result in you working fewer hours, your pay will reduce too.

If you think your employer did not follow the correct procedure, or took a decision for an invalid reason, you can appeal. If unsuccessful, you may make a complaint to an employment tribunal. The employment tribunal will award financial compensation for up to 8 weeks whilst awards for sex discrimination are not limited. Take advice on your options and the most appropriate action.

 

Postnatal illness and returning to work

Postnatal illness is very common, and affects all aspects of a person's life, including their ability and wish to work. Please look at our section on postnatal illness in the health and wellbeing section http://www.guernseymums.gg/news_pregnancy-and-childbirth_7.htm for more general advice.

If you are suffering from Postnatal Illness, you might find that you are not ready to return to work, sometimes feeling physically as well as emotionally weakened.  You're simply not ready to take on the extra responsibility.

Take the following steps to explore your options....

Contact your company to discuss whether you can take more maternity leave – whether that be unpaid. LET THEM KNOW THAT YOU ARE SUFFERING.

Have you used up your Holiday entitlement? You MAY still get holiday entitlement even while you're on maternity leave - so in that way your annual leave can build up. If you have some still to take, you can add it onto the end of your maternity leave. Just ask your employer in the normal way.

Parental Leave is usually unpaid, find out if your employer offers this. Make a request for this if it will help (your employer has the right to postpone this leave if they feel it would unduly disrupt the business). Remember that working fathers can also request parental leave. You can ask your employer for more unpaid time off work but make sure you get it in writing.

If you've taken all the leave that you can (or that you can afford) and you are not well enough to return to work, you can take Sick Leave. Click here to learn about your entitlements or contact Social Security to discuss in more detail. http://www.guernseymums.gg/news_returning-to-work_45.htm

You will need to tell your employer that you are returning to work, but that you will be taking sick leave - the company's usual arrangements will apply. Of course you will need to also get sick notes from your GP to give to your employer.

Do you want to resign?

Giving up work, particularly if it's for health reasons, is a very difficult decision to take. Make sure you think it through and talk to people about your options. If you decide to go ahead you can resign while you are on maternity leave. Check to see what the financial implications are - you should be paid any holiday you've not taken, you don't need to repay Statutory Maternity Pay, but you may have to repay additional 'employers' maternity pay.

 

Other Benefits

There are many other benefits you may be entitled to so it's advisable to get in touch with the social security office.
The following benefits are available to any new parent, regardless of income:-

Child benefit: It's advisable to find out about this before your baby is born to prevent missing out on any payments. Late applications can be backdated for three months but if you're applying later than that, you could miss out on money due to you. Child benefit is paid from birth until your child is 19 (or has left full time education).  The amount you receive is fixed and depends on the amount of children you have.

Expert advice from Commerce and Employment and Department of Social Security in response to some questions posted by Guernseymums' members: Your questions answered: CLICK 

Post your questions here in relation to maternity pay, leave, flexible working policies etc etc and we will take them to the relevant departments to see if we can get an official comment. http://www.grapevine.guernseymums.gg/

 

 

 

 

Back to previous page