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Employee returning from Maternity- wants to change hours

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  • 29-04-2015 9:25am
    #1
    Masala
    Registered Users Posts: 3,492 ✭✭✭


    As stated above... She not able to work shifts anymore. So looking for a 9-5 position that we don't have available.

    Have advised verbally not suitable.

    Problem now is how to bring this to a closure. She prepared to stay off work til she get sorted etc... She now wishes to take unpaid leave for another month. But am afraid that this will drag on and on. I have a temporary staff covering her at moment. I looking to nail this down. It shift work or no job!! Am I going about this right????


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    #2
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    Masala wrote: »
    As stated above... She not able to work shifts anymore. So looking for a 9-5 position that we don't have available.

    Have advised verbally not suitable.

    Problem now is how to bring this to a closure. She prepared to stay off work til she get sorted etc... She now wishes to take unpaid leave for another month. But am afraid that this will drag on and on. I have a temporary staff covering her at moment. I looking to nail this down. It shift work or no job!! Am I going about this right????

    She is entitled to apply for parental leave after her maternity leave ends. Google the info on this and advise her of her entitlements. An employee cannot be discriminated against due to pregnancy/maternity but neither are they entitled to a change to the job they had before pregnancy. So if you do not have an alternative position to the one she had before the pregnancy available, then you advise her that she is entitled to return to the job/position she held before her pregnancy but is not entitled to a different job/position. Put simply she can either return to her job or take a hike once her paternity leave ends.


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    #3
    Qualitymark
    Closed Accounts Posts: 6,824 ✭✭✭Qualitymark


    davo10 wrote: »
    Put simply she can either return to her job or take a hike once her paternity leave ends.

    Or if she's been a great worker maybe you could help her to find a job which will have the hours she needs? That'll pay back in goodwill from staff generally.


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    #4
    Agent_99
    Registered Users Posts: 918 ✭✭✭Agent_99


    I would say that you are right, She has no reason not to work shift other that a change in her family circumstances and this does not suit your business needs and if accommodated would create problems with other staff that would have to cover the shift pattern ( less desirable shifts) for her. Let her have her unpaid portion of Maternity leave and state in writing that on returning to work she would be required to work the same shift pattern that she was on before her leave, as this is what the business requires. The ball would be in her court take it or leave it.


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    #5
    Wanderer78
    Registered Users Posts: 29,506 ✭✭✭✭Wanderer78


    tricky one for both parties alright but i can understand the workers position. shift work is very difficult at the best of times. must be difficult for a family with a newly born. childcare needs a complete overhaul in this country to allow families to be more flexible in regards working etc. i can see where the employer is coming from though. best of luck with trying to find a solution


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    #6
    Mrs OBumble
    Registered Users Posts: 25,967 ✭✭✭✭Mrs OBumble


    Moved from Work and Jobs


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    #7
    Wanderer78
    Registered Users Posts: 29,506 ✭✭✭✭Wanderer78


    op, is it possible to keep the employees shift partner on shift and put the new mother on days as requested? obviously she will need to take a pay cut for this. we use to do this in my previous job, some times it worked and sometimes it didnt but generally it did. obviously there was cross over, i.e. times whereby both are present and time where neither were. not always convenient for the employer.


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    #8
    Greenmachine
    Registered Users Posts: 5,063 ✭✭✭Greenmachine


    One possible option for her might be for her to jobshare. Reaching an agreement with another employee to split the hours of one worker. This may suit the OP if there has been any kind of downturn in the business. The temp worker could be moved to short term hours.


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    #9
    dbran
    Registered Users Posts: 2,094 ✭✭✭dbran


    Tread very very carefully. If there is even a whiff of discrimination re pregnancy then you are goosed. There is a breed of employee that know their rights to tee and will simply look for a huge payout with a trip to the labour court if you get it wrong. What does her contract of employment say, and what is in the employee manual

    At the end of the day provided that you have offered her a reasonable alternative which she has refused to accept, if she is staying out as a result then she is not entitled to be paid and she can be terminated as she is not doing the job she was employed to do.

    What ever you do make sure it is well documented. Never ever just issue a P45 via email or send her a text that she is fired etc.

    You should probably seek professional advice also.

    Best of luck

    dbran


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    #10
    Wanderer78
    Registered Users Posts: 29,506 ✭✭✭✭Wanderer78


    dbran wrote: »
    Tread very very carefully. If there is even a whiff of discrimination re pregnancy then you are goosed. There is a breed of employee that know their rights to tee and will simply look for a huge payout with a trip to the labour court if you get it wrong. What does her contract of employment say, and what is in the employee manual

    At the end of the day provided that you have offered her a reasonable alternative which she has refused to accept, if she is staying out as a result then she is not entitled to be paid and she can be terminated as she is not doing the job she was employed to do.

    What ever you do make sure it is well documented. Never ever just issue a P45 via email or send her a text that she is fired etc.

    You should probably seek professional advice also.

    Best of luck

    dbran

    some good advice there alright but i think this is what happens if a country has an inadequate childcare policy. as i said earlier, it becomes the employees and employers problem which can cause some complicated problems


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    #11
    _Brian
    Registered Users Posts: 18,571 ✭✭✭✭_Brian


    If you don't have ANY suitable non shift position available then you are within your rights to hold your ground.

    You could offer to bring her back on shift with the understanding that the first available SUITABLE position will be for her.

    It's a tough call and needs a hard neck to push back on this request though as we all know new kids and shift work just aren't really compatible.


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    #12
    Masala
    Registered Users Posts: 3,492 ✭✭✭Masala


    doing a 9-5 is no good to us. As she part of a team..... we be short from 0600hrs for 3 hrs which affects the operation of the team. Otherwise we need to get cover for the 3 hrs which is not really practical (can't bring in someone at 0600 and send them home at 0900 so that this girl can be accommodated). I also have the same problem on the other end from 5pm to 6pm for 1 x hour cover needed.

    I have requested her to formally write in to us on her request so as to have a proper paper trail. Am worried that a precedent could be set if exceptions could be found.... and what is to stop another employee looking for the same.

    To be honest - it is not practical on our system of work and to accommodate would just make a huge amount of work for us. Her contract states that she on Shift work and includes early starting times and late finishing times......and we do not have a 9-5 shift in the company for what she originally employed for. Even if there was an 'Office Job'.. she would not be suitable/ qualified to have that job (eg Computer Skills, basic business skilss etc).

    I just need to get my wording right on my reply to ensure that she makes a decision soon so that I can start planning what to do with her position. So - I need to really to request her to return to her position on X- date at 0600 hrs and see how she responds. ????

    She could request weekend work (we opened Sat) but again we are full on same...and don't have an opening. Maybe covering the odd sickie... but that could be sporodic and I don't really want to go down the line of signing Social Welfare certs for months on end. This is more work again on us...


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    #13
    Wanderer78
    Registered Users Posts: 29,506 ✭✭✭✭Wanderer78


    Masala wrote: »
    doing a 9-5 is no good to us. As she part of a team..... we be short from 0600hrs for 3 hrs which affects the operation of the team. Otherwise we need to get cover for the 3 hrs which is not really practical (can't bring in someone at 0600 and send them home at 0900 so that this girl can be accommodated). I also have the same problem on the other end from 5pm to 6pm for 1 x hour cover needed.

    I have requested her to formally write in to us on her request so as to have a proper paper trail. Am worried that a precedent could be set if exceptions could be found.... and what is to stop another employee looking for the same.

    To be honest - it is not practical on our system of work and to accommodate would just make a huge amount of work for us. Her contract states that she on Shift work and includes early starting times and late finishing times......and we do not have a 9-5 shift in the company for what she originally employed for. Even if there was an 'Office Job'.. she would not be suitable/ qualified to have that job (eg Computer Skills, basic business skilss etc).

    I just need to get my wording right on my reply to ensure that she makes a decision soon so that I can start planning what to do with her position. So - I need to really to request her to return to her position on X- date at 0600 hrs and see how she responds. ????

    She could request weekend work (we opened Sat) but again we are full on same...and don't have an opening. Maybe covering the odd sickie... but that could be sporodic and I don't really want to go down the line of signing Social Welfare certs for months on end. This is more work again on us...

    this is a tough one. i really would not like to see a mother being made unemployed due to the fact. childcare really needs to looked at in this country. it really doesnt work for anybody as is. fair play to you for looking at options for her. i suspect many employees wouldnt bother


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    #14
    mneylon
    Registered Users Posts: 7,739 ✭✭✭mneylon


    As others have mentioned this kind of situation is tricky.
    We outsource a lot of the HR stuff to Peninsula who provide an excellent service: http://www.peninsulagrouplimited.com/ie/

    Blog | Tweets



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    #15
    pedronomix
    Closed Accounts Posts: 997 ✭✭✭pedronomix


    Masala wrote: »
    doing a 9-5 is no good to us. As she part of a team..... we be short from 0600hrs for 3 hrs which affects the operation of the team. Otherwise we need to get cover for the 3 hrs which is not really practical (can't bring in someone at 0600 and send them home at 0900 so that this girl can be accommodated). I also have the same problem on the other end from 5pm to 6pm for 1 x hour cover needed.

    I have requested her to formally write in to us on her request so as to have a proper paper trail. Am worried that a precedent could be set if exceptions could be found.... and what is to stop another employee looking for the same.

    To be honest - it is not practical on our system of work and to accommodate would just make a huge amount of work for us. Her contract states that she on Shift work and includes early starting times and late finishing times......and we do not have a 9-5 shift in the company for what she originally employed for. Even if there was an 'Office Job'.. she would not be suitable/ qualified to have that job (eg Computer Skills, basic business skilss etc).

    I just need to get my wording right on my reply to ensure that she makes a decision soon so that I can start planning what to do with her position. So - I need to really to request her to return to her position on X- date at 0600 hrs and see how she responds. ????

    She could request weekend work (we opened Sat) but again we are full on same...and don't have an opening. Maybe covering the odd sickie... but that could be sporodic and I don't really want to go down the line of signing Social Welfare certs for months on end. This is more work again on us...


    OP, Play it by the book, as you appear to be doing already, the decision is hers as to whether she wants the job or not. To engage in exceptions leaves you open to your whole HR shift policy becoming a free-for all and undermines your ability to manage your business. Having a family imposes all sorts of life changes, people do have to plan it properly, their job not yours!


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