Hello
We have an employee who is due to return from maternity leave on 20th feb but only put in flexible working request on 3rd feb.
The business can’t accommodate the full request and has attempted to discuss with her alternative working hours that supports a flexible way of working that would suit the business too! The hours she’s asked for we need more but definitely not full time.
The trouble is we haven’t agreed on these. We’ve said we can’t support her original request but offered the alternative. She has a period of annual for 2 weeks to take the pressure off and is likely to appeal.
Slightly
But my take is we offer what we can and if she doesn’t want it effectively subject obviously to any appeal her original full time hours would still apply and she needs to meet these?
Or am I missing something ? Is this the right approach? Her application was so late and also she probably hasn’t also arranged childcare in time if she does want to accept the alternative are we obliged to pay her if she doesn’t come i because she can’t due to lack of childcare?have suggested parental leave but she’s not taken kindly to that!!
If you feel this is likely to lead to a bit of a dispute, it will be important that you follow the statutory process and if you are rejecting her proposal, you are clear what reason you are using out of the allowed reasons. It sounds from your e-mail that you have already done that, so to answer your questions, if you are unable to agree on a change to her previous hours then they will still apply and she will return on that basis.
If she does not return to work then it would be unauthorised absence and you would not be required to pay her. She may go off sick, but from experience in other organisations, GPs do not take kindly to being asked to sign someone off sick for childcare reasons and if they did go off sick, an early OH referal could be appropriate
