Your rights as a working parent

One of the main concerns parents face when returning to work can be ‘how will I juggle family life and a job?’

This section will talk you through your rights as a working parent and help you to understand what happens when your child is off school sick or your working hours aren’t manageable.

Don’t be afraid to make use of your family-friendly rights at work.

Preparation and good childcare arrangements will allow you to focus on your job, but you still have the right to time off to deal with certain family matters. It can be hard to be fair to your employer, your family and yourself.

Your rights

  1. You have the right to return to your same job on the same terms and conditions, unless that’s not practical – in that case, you have the right to be offered a similar job on terms and conditions at least as good. If this doesn’t happen, you can claim unfair dismissal.
  2. If your job has become redundant, you should be offered a suitable alternative vacancy. If there is no suitable alternative, you may be entitled to redundancy pay.
  3. You should benefit from any general pay rises or improvements in terms and conditions that apply to your job and occurred while you were on leave.
  4. You build up holiday entitlement while on maternity leave in the same way as if you had been at work.

Flexible working requests

Flexible working is a way of working that suits an employee’s needs, for example being able to work certain hours or work from home.

Anyone can ask their employer to work flexibly, but certain parents have a legal process available to them known as a ‘statutory application.’

You can make a statutory application if you have worked for your employer for at least 26 weeks.

Your employer must seriously consider your request but can turn it down if there are genuine business reasons for doing so. To make a statutory application:

  1. Write to your employer.
  2. The employer should request a meeting within 28 days to discuss the application.
  3. The employer must make a decision within 14 days of the meeting and inform the employee.
  4. If the employer agrees to flexible working they must give the employee a new contract.

First, consider which pattern of work would suit you best. For example:

  • Part-time work – this, of course, reduces your pay.
  • Change in hours – for example, flexi-time, staggered hours (8am to 4pm instead of 9am to 5pm) or shorter hours. If you work less, you will be paid less.
  • Compressed hours – working the same hours but to a different pattern, for example 8am to 6pm four days a week instead of 9am to 5pm five days a week.
  • Term-time working – being able to take unpaid leave during school holidays.
  • Working from home – this could be for part of or the whole working week.
  • Job-sharing – splitting your job and pay with someone else.

ACAS provide free information and advice to employers and employees to help prevent or resolve workplace problems. If you think you’ve been treated unfairly contact ACAS or use their online help tool.