Going back to work after having a baby is one of the biggest challenges you’ll face as a new mum. Between sleepless nights, feeding schedules, and childcare arrangements, the thought of returning to your old 9-to-5 routine can feel overwhelming – or sometimes downright impossible.
The good news? You don’t necessarily have to go back to exactly the same working pattern you had before. UK law gives you strong rights to request flexible working arrangements, and recent changes have made these rights even stronger.
Whether you’re hoping to work from home a few days a week, start later to handle the morning childcare routine, or reduce your hours to spend more time with your little one, this guide will walk you through everything you need to know about flexible working after maternity leave.
What Is Flexible Working?
Flexible working is basically any working arrangement that differs from the traditional full-time, office-based, 9-to-5 pattern. It’s about finding ways to do your job that work better for your life circumstances.
There are loads of different types of flexible working arrangements:
- Flexible hours: This might mean starting earlier or later, having a longer lunch break, or working compressed hours (like doing your full-time hours over four days instead of five).
- Working from home: Either full-time remote working or a hybrid arrangement where you split your time between home and the office.
- Part-time working: Reducing your hours, whether that’s working fewer days per week or shorter days.
- Job sharing: Splitting one full-time role between two people, each working part-time.
- Term-time working: Only working during school terms, which can be great if you have older children too.
- Flexitime: Having core hours when you need to be available, but flexibility around when you start and finish.
The key thing to understand is that flexible working isn’t just about being nice to employees – it’s a legal right. Since 2014, all employees have had the right to request flexible working, and recent changes in 2024 have made this right even stronger.
Your Legal Rights to Flexible Working
Let’s get straight to the point – you have a legal right to request flexible working from day one of your employment. You don’t need to have worked somewhere for a certain amount of time, and you don’t need to give a special reason (though being a new mum is certainly a good one!).
Here’s what the law says your employer must do:
Consider your request properly: They can’t just dismiss it out of hand. They have to think seriously about whether they can accommodate what you’re asking for.
Follow a proper process: There are specific steps they need to follow, including meeting with you to discuss your request and giving you a chance to appeal if they say no.
Only refuse for valid business reasons: They can’t say no just because they don’t like the idea of flexible working. There are only eight legal reasons they can use to refuse your request, and they have to show that one of these genuinely applies.
Respond within a reasonable time: They should deal with your request within three months, including any appeal.
You can find more details about flexible working rights on gov.uk.
How to Make a Winning Flexible Working Request
The way you present your flexible working request can make a huge difference to whether it’s accepted. Here’s how to give yourself the best chance of success:
- Be specific about what you want: Don’t just say “I’d like to work flexibly.” Be clear about exactly what arrangement you’re proposing.
- Explain how it will work in practice: Think through the practical implications of your request and show that you’ve thought this through.
- Address potential concerns: Try to anticipate any worries your employer might have and address them in your request.
- Highlight the benefits: Flexible working isn’t just good for you – it can benefit your employer too.
- Suggest a trial period: If your employer seems hesitant, suggest trying the arrangement for a few months to see how it works.
- Put it in writing: Your request needs to be in writing, and it’s worth making it a proper, professional document.
For a professionally written template that covers all these points and gives you the best chance of success, check out our flexible working request templates at motherswhowork.co.uk/mumslegalfriend.
What to Do If Your Request Is Refused
If your employer says no to your flexible working request, don’t panic. You have options, and a refusal doesn’t necessarily mean the end of the road.
Understand why they said no: Your employer has to give you a clear reason for refusing your request, and it has to be one of the eight valid business reasons.
Ask for more details: If the reason for refusal isn’t clear, ask for more information.
Consider alternatives: Could you modify your request to address their concerns?
Use your right to appeal: You have the right to appeal the decision, and your employer has to consider your appeal properly.
Get support: ACAS can provide free advice on flexible working disputes. You can find them through gov.uk.
Remember, many employers who initially refuse flexible working requests do change their minds when the employee appeals or suggests modifications. Don’t give up after the first “no.”
Your Next Steps
If you’re thinking about requesting flexible working when you return from maternity leave, here’s what you should do:
1. Start planning early: Think about what arrangement would work best for your family and your job.
2. Research your options: Look at different types of flexible working and consider what might suit your situation.
3. Talk to your employer informally: Have initial conversations to gauge their attitude and get them thinking about possibilities.
4. Prepare a strong written request: Use professional templates and make sure you cover all the key points.
5. Be prepared to negotiate: Your employer might not agree to exactly what you ask for, but they might be willing to consider alternatives.
6. Know your rights: Understand what your employer can and can’t do, and don’t be afraid to challenge unreasonable refusals.
For professional templates and comprehensive guidance on every aspect of flexible working and return to work planning, visit motherswhowork.co.uk/mumslegalfriend.
Your career doesn’t have to end when you become a mum – it just needs to evolve to fit your new life. Flexible working can be the key to making that evolution successful and sustainable.
This guide provides general information about flexible working rights in the UK and should not be considered specific legal advice. For advice about your particular situation, consult a qualified employment solicitor. For professional legal document templates and comprehensive guidance on flexible working and workplace rights, visit motherswhowork.co.uk/mumslegalfriend.
