# legal rights on returning to work part time after having a baby



## sooty30 (Jun 4, 2008)

Hi I work full time at the moment for a port.There are about 3000 workers who many are fixed shift workers and many also are fexible.After I have a baby I would like to return part time if the company will allow me to but not too sure where I stand.There are no part time workers there but i'm prepared to work flexi shifts to fit in.The only ladie there to already have a baby went back full time and I dont want to do do this.
Also what is the legal payed time off after giving bith and as I also drive heavy machinery I will have to go on light duties through my pregnacy are they allowed to reduce my wages because of this and put me on a ill heath policy because I'm pregnant.As they do this if you have been off your normal job for more than 13 weeks.Thankyou for reading this


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## Louise Gibson (Mar 10, 2007)

Hi

Thank you for your post. 

Regarding the flexible working point - once you have had your child you have a statutory right to request to work flexibly (i.e. part-time).  Your employer must consider your request (and follow a set procedure) – but they do not have to accept your request to work flexibly.  

If your employer refuses your application to work flexibly altogether it is likely that you will be able to bring a claim against them for indirect sex discrimination.  If you do bring a claim it would be for your employer to show that its decision to not allow your flexible working request was justified (they have to show it is a proportionate means of achieving a legitimate aim).  It is not easy for your employer to do this – but it is possible. 

If you are faced with this situation I would recommend that you take advice particularly as there are strict timeframes in which employees must bring claims. 

To answer your second question – statutory maternity pay is now for 39 weeks (6 weeks at 90% of your normal weekly earnings and the remaining weeks at the statutory rate (currently £117.18 per week) or 90% of your normal weekly earnings if they are less than this rate).  You should check your employment contract to see if your employer offers any enhanced entitlements. 

In relation to your final point about light duties – if for health and safety reasons your employer has to put you on light duties you should not receive less pay for this work (or any other less favourable terms). 

I hope that helps. 

Kind regards

Louise Gibson


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## sooty30 (Jun 4, 2008)

Thank you so much for your reply and anwsering all my questions


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