Flexible Working After Maternity Leave: Your Rights & How to Request It

Your Right to Request Flexible Working

Since April 2024, all employees in the UK have the right to request flexible working from day one of their employment. You no longer need 26 weeks' service. This is particularly relevant for parents returning from maternity leave who need a different working pattern to balance childcare.

You can make two flexible working requests in any 12-month period, and your employer must respond within two months.

Types of Flexible Working

Flexible working isn't just about working from home. You can request:

•Part-time hours — reducing your working days or hours

•Compressed hours — working full-time hours over fewer days (e.g. 4-day week)

•Flexitime — choosing when you start and finish (within agreed core hours)

•Remote/hybrid working — working from home part or all of the week

•Job sharing — splitting a full-time role between two people

•Staggered hours — different start, finish, and break times

•Annualised hours — working a set number of hours per year with flexibility on when

•Term-time working — working only during school terms

How to Make a Flexible Working Request

Your request must be made in writing and include:

1.The date of your request

2.The change you're requesting (be specific about days, hours, location)

3.When you want it to start (give reasonable notice)

4.How it might affect your employer and how this could be managed

5.A statement that this is a statutory flexible working request

6.Whether you've made a previous request and when

Sample Flexible Working Request

> Dear [Manager's name], > > I am writing to make a statutory flexible working request under the Employment Rights Act 1996. > > I would like to request a change from my current full-time hours (Monday to Friday, 9am-5pm) to working 3 days per week (Monday, Tuesday, and Wednesday, 9am-5pm), starting from [date — at least 8 weeks from your request]. > > I believe this can work effectively because [explain — e.g. key meetings are Mon-Wed, tasks can be reorganised, a colleague could cover Thurs/Fri queries]. > > I have not made a previous flexible working request in the last 12 months. > > I look forward to discussing this with you.

What Your Employer Must Do

Under the Employment Rights Act 1996 (as amended), your employer must:

•Deal with your request reasonably

•Consult with you before making a decision

•Respond within 2 months (unless you agree to a longer period)

•Only refuse for one of 8 statutory business reasons

The 8 Reasons an Employer Can Refuse

1.Extra costs that would damage the business

2.Work cannot be reorganised among other staff

3.Cannot recruit additional staff

4.Negative impact on quality

5.Negative impact on performance

6.Detrimental effect on ability to meet customer demand

7.Insufficient work during the proposed hours

8.Planned structural changes

Your employer cannot refuse simply because they prefer the status quo or because "it's never been done before."

Tips for a Successful Flexible Working Request

•Plan ahead — think about it during maternity leave, not just before your return date

•Research — has anyone else in your team or organisation worked flexibly?

•Be specific — vague requests are harder to approve

•Propose a trial period — suggest 3 months to demonstrate it works

•Address concerns proactively — show you've thought about handovers, coverage, etc.

•Know your worth — retention of experienced staff saves employers recruitment costs

•Be prepared to compromise — you might not get exactly what you ask for

What If Your Request Is Refused?

If your employer refuses your request, they must explain which of the 8 statutory reasons applies and why. You can:

•Appeal through your company's internal process

•Make a new request (you're entitled to two per year)

•Contact ACAS for free advice (0300 123 1100)

•Take a claim to an Employment Tribunal if the process wasn't followed correctly

Flexible Working and Pay

If you reduce your hours, your pay will typically be pro-rated. For example, if you go from 5 days to 3 days, your salary would be 3/5 (60%) of your full-time equivalent. Benefits such as annual leave and pension contributions are usually adjusted proportionally too.

This is important for future maternity pay calculations, as your SMP for a subsequent pregnancy would be based on your actual earnings at the time. If you're planning a second baby, bear in mind that reducing your hours now could lower your SMP entitlement later.

Impact on Other Benefits

Before changing your hours, check how it will affect your overall finances. Use our Take-Home Pay Calculator to see the impact of reduced hours on your net income. You should also consider:

•Child Benefit — not affected by your working hours

•Tax-Free Childcare — you must earn at least the National Minimum Wage for 16 hours per week to remain eligible

•Universal Credit — if your income drops, you may become eligible for additional support

•Childcare costs — fewer working days may mean lower nursery fees, partially offsetting the reduction in pay

Related Guides

•Returning to Work After Maternity Leave — your full guide

•Annual Leave During Maternity — accrued leave you can use

•Childcare Costs After Maternity Leave — planning your budget