Picture this: You're thriving in a full-time role when exciting news arrives—you're expecting your first child. Post-maternity leave, what next? Full stop on work? Childcare full-time? Or perhaps part-time work, solo or shared with your partner? If reducing hours appeals after parental leave, here's what you need to know about your employee rights.
Related reading: The challenges of leaving the workforce as a mother
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Of course, the opposite might apply. Right after birth, scaling up hours is unlikely 😊. But as children grow and free up your schedule, you might seek more hours. Understanding your rights and responsibilities remains key, regardless.
Requesting fewer hours post-parental leave falls under working hours adjustment. Previously governed by the Working Hours Adjustment Act (WAA), this shifted to the Flexible Working Act in 2016. As employment law specialists with years advising parents, we'll break down the law, your entitlements, and practical steps. Grab a coffee—details ahead.
The Working Hours Adjustment Act (WAA) allows employees at companies with 10+ staff to request fewer (or more) hours. Smaller firms (under 10 employees) follow separate rules. The Flexible Working Act expands this, adding requests for different roles.
This Act grants employees the right to ask employers to adjust working hours, times, or location. Note: It's a right to request, not a guarantee of approval.
Employers aren't obligated to approve but can only refuse based on compelling business reasons—like financial strain from unfilled hours or safety risks. Workplace adjustments don't require such grounds; employers must genuinely consult with you.
Beyond rejection grounds, specific criteria apply to your request for fewer (or more) hours post-parental leave:
Crucial: Employers must respond in writing 1 month before your proposed start date. No response? Your request defaults to approval.
These protections empower employees—requests can't be dismissed lightly. For firms under 10 employees, you can always reduce hours (subject to company policy), but increases may be rejected.
