New research just released by Generation Logistics has found that most of those who are returning from maternity leave want flexible working.
Returning To Work From Maternity Leave
Flexible Working
The new research found that when asked, what those who are returning to work from maternity leave would like most to assist them with their return, 79% said flexible hours and 60% part-time work. That is, they would like flexible working.
Other Findings
Childcare options were cited by 66% of the respondents, and training opportunities by 31%
The survey also found the following:-
- 94% were 'nervous' about the prospect of returning to work
- 97% found themselves in a situation where they were having to work overtime
- The principal concern amongst those returning to work from maternity leave was not being able to spend sufficient time with their children (67%). Other major concerns including feeling out of the loop about workplace developments (65%) and wanting to remain at home (51%)
- The number of those returning to work from maternity leave is at a 20 year high
Reaction
Commenting upon the findings of the new research, the Programme Manager at Generation Logistics, Bethany Windsor, states: "When it comes to supporting new parents, the logistics sector is really paving the way. From training opportunities to flexible work arrangements and mentoring, all of which were rated as the top considerations from mothers returning to work, the logistics sector is strides ahead of other business areas."
Maternity Leave & Flexible Working: The Present Position
Current Rights
An employee returning to work from maternity leave has a statutory right to return to the same job they had prior to their maternity leave on the same terms and conditions as before, unless they have taken additional maternity leave (AML) on top of their ordinary maternity leave (OML). After AML, the employee is entitled to return to the same job unless it is not reasonably practicable for them to do so, in which case they must be provided with appropriate alternative employment on terms not less favourable than before.
Redundancy Rights
For those on maternity leave in a redundancy situation, under Regulation 10 of the Maternity and Parental Leave Etc Regulations 1999 (MAPLE), the employer must offer any appropriate alternative employment available on terms not less favourable than before ahead of other colleagues. Accordingly, an employee returning from maternity leave (along with those returning from adoption leave and shared parental leave) has superior rights in redundancy situations to those who have not been on maternity leave, adoption leave, and shared parental leave
Flexible Working
Finally, whilst there is no automatic right to flexible working, under section 47 of the Employment Act 2002, employees returning from maternity leave who have 26 weeks of continuous service with their employer can make a formal request for flexible working. The request must be made in writing. The employer must consider the request in a reasonable manner (i.e. assess the advantages and disadvantages, arrange a meeting to discuss the request, and incorporate a right to appeal into the process), and must provide the employee with a decision within 3 months.
An employer can only reject a request for flexible working on one or more of the following grounds:-
- It would produce excessive additional costs.
- It would have a detrimental impact on the ability of the business to satisfy customer demand.
- Unable to reorganise the work amongst other staff.
- Unable to recruit.
- An adverse impact upon quality.
- An adverse impact upon performance.
- Not enough work during the periods the employee wishes to work
- Planned structural changes to the workforce.
Only 1 request for flexible working can be made in any 12 month period Should the employer have not handled the request in a reasonable manner or should there have been some other problem with the process, then the employee has the option of bringing an Employment Tribunal claim.
Proposed Changes To The Law
Two Private Members Bills which have received Government backing are currently progressing through Parliament, which are likely to significantly enhance the rights of employees in terms of their maternity rights and in relation to flexible working.
Protection from Redundancy (Pregnancy and Family Leave) Bill
Firstly,  under the Protection from Redundancy (Pregnancy and Family Leave) Bill, the protections afforded by MAPLE to those returning to work from maternity leave would be extended to run from the point at which the employer is notified of the pregnancy, until 18 months after the birth. Similar rules will apply to those who are taking shared parental leave or adoption leave. The Bill was was granted royal assent on the 24th May 2023, and will likely come into force sometime in 2024 or 2025.
Employment Relations (Flexible Working) Bill
Secondly, the Employment Relations (Flexible Working) Bill aims to make the right to request flexible working a day one right, as opposed to the current position where only those who have 26 weeks of continuous service have the right to request it. This Bill has just had its 2nd reading in the House of Lords. It is likely to become law later this year, and come into force sometime in 2024 or 2025.
