# Employer unable to give me hours that I need to return to work after Maternity leave



## clarerosebud (9 Aug 2011)

I've been with the same employer for almost 7 years. Recently my Maternity leave, unpaid maternity leave ended,as I was not in a position to return to work on part-time evenings (as before-due to the time my husband gets home, I have nobody to mind our 3 kids) I requested part-time mornings. The part-time mornings request was refused and I am advised that the only hours available to me are 5-9pm or 6-10pm 4 evenings per week, to include 1 in 3 weekends also. These hours are not suitable for me and my family, as I would need to leave home 1 hour before my start time @ work, and my husband doesn't get home until 7pm. We have nobody to mind our 3 young children during this time. At present my employer has agreed to me taking parenal leave but are pushing me to return to work in early Sept. What are my rights,can I do anything? If I leave I will get nothing after 7 years, and will be unable to claim SW....is this correct. Any help appreciated, thanks.


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## millieforbes (9 Aug 2011)

Just to be clear, what hours were you working before you took maternity leave?


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## clarerosebud (9 Aug 2011)

I was working 6-10, 3 evenings and a full 8 hour shift every Saturday with start times from 8am, finish times anything up to 10pm.


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## Ann1 (9 Aug 2011)

Just wondering if you might qualify for FIS payment if you do not qualify for Jobseekers Benefit
http://www.welfare.ie/EN/Schemes/BirthChildrenAndFamilies/ChildRelatedPayments/Pages/fis.aspx


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## clarerosebud (9 Aug 2011)

Thanks Ann, we've already applied over a month ago,heard nothing yet.


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## Ildánach (10 Aug 2011)

From a Jobseekers payment point of view, if you are restricting your hours of work due to family commitments, you will likely be disqualified from payment on the basis that you are not available for full time work.

It is however possible to frame your circumstances in such a way, provided that you can persuade them that you are available for full-time work, but just that your CURRENT employer is not able to facilitate your circumstances, but there are other employers out there who would do so.  But as you have framed your circumtances in the above post, you would likely not get a Jobseekers payment.

Check here for the guidelines http://www.welfare.ie/EN/OperationalGuidelines/Pages/ja_jobseekall.aspx


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## Ildánach (10 Aug 2011)

FIS will probably take between 4-6 months to process.


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## Mel (10 Aug 2011)

Can you arrange for someone to be with the children for the 1 or 2 hours each evening? Paying for childcare is a reality for most working parents.


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## nigey (10 Aug 2011)

Do you mind me asking what you did with your kids before maternity leave? They are offering you back the same job, doing the same hours that you had leave from?


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## clarerosebud (10 Aug 2011)

Hi Nigey,prior to Maternity leave my husband had a different job and was finished earlier so he was home for the time I needed to leave. It all worked perfectly. 

Hi Mel,I cannot find anyone willing to take the 3 kids for the 2 hours or so, even paid in our area! We live in a very rural area and so we are very limited,unfortunately! 

In relation to the employment itself,If I am not in a position to accept the hours which the employer is offering me, (due to the reasons already listed) but am not willing to hand in my resignation. There is a stalemate of sorts! Can they let me go becuase of this without redundancy etc (legally) or where do I stand?


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## becky (10 Aug 2011)

We had had a few people resigning because of this ie: hours don't suit and they aren't getting redundancy, so no you have no entitlement here.  As an employer we are family friendly but there is a limit.  If every nurse who wanted mornings only got them you would have a lot of empty wards in the afternoon.

An employer isn't obliged to give you the hours you want at all.  From what I can see he is actually accommodating you as you are now only expected work 1 in 3 weekends as opposed to every weekend (or do you want to work weekends?)

I'd take as much parental leave as you can to see if you can find someone.  Can your husbands employer allow him an earlier start, later finish.


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## Brendan Burgess (11 Aug 2011)

> but am not willing to hand in my resignation. There is a stalemate of  sorts! Can they let me go becuase of this without redundancy etc  (legally) or where do I stand?



Your employer is doing nothing wrong from your reports. They are simply asking you to come back and do your job in accordance with the original terms. 

If you choose not to, then you are resigning. Lots of people resign from jobs. They don't get redundancy for resigning. 

You should talk to your colleagues. Do any of them want to change to cover for you? If they are doing the same work, then your employer should allow this.


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## clarerosebud (11 Aug 2011)

Yes, Brendan I agree with you the emplyer is trying to accomodate me. I suppose I will have to resign, as it seems the only option right now. 
@ Becky, My husband is the sole employee in his job,so he can't change his hours as there is no cover! If he takes holidays it's his boss (company director) who covers him.......So thats not an option either!  Thank you all for your help/advice.


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## PaddyBloggit (11 Aug 2011)

Resigning seems very drastic to me.

Surely there's a solution other than resigning available?


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## BoscoTalking (12 Aug 2011)

becky said:


> I'd take as much parental leave as you can to see if you can find someone.  .


do this and keep looking for that babysitter - they are out there and will travel. even if you work out not making much i would HATE the thoughts of giving up the job.


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