Employment Law FAQ

Maternity Leave

One of my employees is currently on maternity leave. She worked full time before going off and has now sent me a form saying that, when she returns, she wants to work three days per week only. Everybody else works full time and I don’t want to allow her to do so. Can I say no to her?

First, you need to consider the request carefully. This employee has the right to request Flexible Working, as she will have responsibility for a child aged under 6. You should arrange to meet her within 28 days to discuss the request and how she envisages her request working. You may also want to raise your concerns about her request. You then have to reply within 14 days with your decision. Although you are under no obligation to agree to the request, if you wish to decline her request you will need to have sound and justifiable objective business reasons for refusing the request. Saying that you don't think it is practical without supporting reasons would be insufficient.