what are my rights for returning back to work after having a baby all i get offered are night shifts/6am start

Question

i have worked for tesco for nearly 5 years i have just had a baby and would like to return to work all i get offered are night shifts and 6am starts which are completely no good to me as anyone with small children will know i have told them i can work from 8-4 tues wed thurs and fri which i would have thopught would have been easy to fit 16 hours of work into but apparently not i was originally full time but again now i have a baby i cant do this and need to work part time has anyone got some helpful answers please i will not let tesco get one up on me !!!!!!!!

Answer 1

You need to look into the Family Medical Leave Act (FMLA). But basically, while they have to give you back either your job or a similar job at the same level with the same rate of pay, they do not have to give you back the same work schedule. An employer has the right to work their employees at whatever shifts they want, without notice to the employee. If THEY cut your hours back from full time to part time you would be able to file unemployement for the reduction in hours, but if YOU cut back your hours you can't.

Answer 2

When you take maternity leave and go back they are legally bound to keep and hold the job you had before. They don't have to give you a different position, or a different shift etc. The best thing for you to do is have a talk with your boss and HR to find out if there is something they can do for you. If you are valuble to them they will try to work with you. You also need to keep in mind what are their shifts do they offer an 8-4 tue-fri shift if not you will have to work their shifts. Basically they need to keep a set pattern of their production. If they allow you to pick and choose the shift you want, then they have to give that option to every employee, and that could seriously undermind their production. Good luck

Answer 3

I don't know where you live, but the US is one of the worst places to take maternity leave. 163 countries provide guaranteed paid maternity leave for new mothers, the United States does not. Some countries offer up to a year and a half of maternity leave (paid and unpaid). The best you have in the US is the Family and Medical Leave act. Covered employers (rules include having more than 50 employees) must grant an eligible employee (rules include working full time for at least a year) up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons: for the birth and care of the newborn child of the employee; for placement with the employee of a son or daughter for adoption or foster care; to care for an immediate family member (spouse, child, or parent) with a serious health condition; or to take medical leave when the employee is unable to work because of a serious health condition. Upon return from FMLA leave, an employee must be restored to the employee's original job, or to an equivalent job with equivalent pay, benefits, and other terms and conditions of employment. I don't know how this effects you since you only want to work part time now. Some state also have their own FML programs.

Answer 4

Under the FMLA they only have to give yo a comparable job with the same pay and the same number of hours. If they have a position open and are offering you the night shift in revenge, you can sue but it is hard to prove. You can't always choose your work schedule, they don't have to fit into your life. Talk to the HR and try to make friends. It will be best if you can convince rather than force them to do what you want.

Answer 5

I'm not an attorney and I don't know what state you live in, so you'll need to check out the state and federal laws in your area....

That said, employers are only required to offer you a job comparable to the one you left. Therefore, if the position is the same or comparable to the one you did before your maternity leave, they're in compliance with the law. I know, this sucks! If you are able, go back, get your paycheck, and start looking for another position!

Good luck!

Answer 6

Unfortunately, because they are offering you hours, there isn't much you can do to get the shift you want. You'd either have to take the shift they want, or look elsewhere for employment that is more flexible. I know it sucks, but the laws always seem to support the corporations and not the little people like us who need the help and flexibility. Good luck!

Answer 7

Well, depending on how long your leave os, they are only required to give you a similar job when you return.. They have to fill your position when you are gone, and if that person is still there, then there is not much you can do... Contact the Department of Labor in your state... they can give you a better idea...

Answer 8

when you return to work after having children as i am doing shortly(i had my baby in sept 06) you have the right to ask your boss to consider more flexible hours for you in order to work around childcare but your boss does withhold the right to refuse giving you these so you may need to negociate a little to find a middle ground i had to with my boss because before i worked 36 hours and wanted to cut them a little to be at home more

Answer 9

because tesco is a big firm i believe they have to offer you hours that fit around you and your baby didnt you get a leaflet in the pack you get in the hospital it tells you all the information you need

Answer 10

http://www.dti.gov.uk/employment/workandfamilies/index.html

Check out the above website and pop in and see the CAB - you have the right to choose your hours!! you have the right to applly for part time (Or job share hours) Tesco are on VERY shakey grounds for discrimination!

You have rights - use them!!