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

Author: Lynda Macdonald

Summary

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• 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 an employee is permitted to return to work after maternity leave on a part-time basis, they are provided with terms and conditions no less favourable (on a pro rata basis) than those they enjoyed while full time.
• Ensure that you are familiar with the statutory right to request flexible working, which includes part-time working.
• Train managers on how to deal with a statutory 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.