Flexible Working After Maternity Leave: Your Rights and How to Make a Request

Donna Davies

8 min read

Going back to work after maternity leave can bring quite a few questions. How will you manage childcare around your working hours? Will your previous routine still work for your family? Could different hours, working days or a change in where you work make life a little easier?

For many mums, flexible working can make a real difference to how manageable the return to work feels. You might want to reduce your hours, start earlier so you can finish in time for nursery pick-up, work from home on certain days or explore a completely different working pattern.

The good news is that you have the legal right to request flexible working from your first day of employment. You don't have to wait until you've been back at work for six months, and you don't need to have a particular length of service to make a statutory request. Understanding your options and how the process works can help you approach the conversation with your employer feeling much more confident.

What is flexible working?

Flexible working simply means changing your working arrangements to better suit your needs.

It isn't limited to working from home or reducing your hours. There are several different arrangements you could explore, depending on your role and what would work for both you and your employer.

Examples include:

Part-time hours: Reducing the number of hours you work each week.
Flexible start and finish times: Starting earlier or later to fit around childcare or other commitments.
Compressed hours: Working your contracted hours over fewer days.
Hybrid working: Splitting your time between the workplace and home.
Remote working: Working from home or another agreed location.
Job sharing: Sharing the responsibilities of one full-time role with another employee.
Staggered hours: Working different start and finish times from other members of your team.
Term-time working: Working during school terms, where this is suitable for the role and agreed with your employer.

You might also find that a combination of arrangements works best. For example, you could request slightly shorter hours alongside one or two days working from home.

The important thing is to think about what would genuinely make your working life more manageable.

What are your legal rights to request flexible working?

In England, Scotland and Wales, employees have the statutory right to request flexible working from their first day of employment.

This means:

You do not need to have worked for your employer for 26 weeks.
You can make up to two statutory flexible working requests in any 12-month period.
You can only have one live statutory request with your employer at a time.
Your employer must deal with your request in a reasonable manner.
Your employer must consult you before refusing your request, unless they are agreeing to it in full.
Your employer must make a decision, including any appeal, within two months, unless you agree to an extension.

It's important to understand that this is a right to request flexible working, not an automatic right to have the arrangement you ask for approved.

Your employer must consider your request properly and can only refuse it for one or more of the permitted business reasons set out in legislation.

You can find the official guidance on making a flexible working request on GOV.UK.

When should you ask for flexible working after maternity leave?

You don't have to wait until you've returned to work to make a request. In fact, if you already know that your previous working arrangements are unlikely to work once you have childcare responsibilities, it's worth starting the conversation before your maternity leave ends.

For example, you might want to return on reduced hours, change your working days or agree a different start and finish time. Making your request in good time gives you and your employer an opportunity to discuss the options and agree arrangements before your return date. It also gives you more time to organise childcare and understand what your working week will look like.

If you're still unsure what you need, that's okay too. You can start with an informal conversation about the possibilities before deciding whether to submit a formal request.

Before you make a request: what would actually work for you?

Before approaching your employer, take a little time to think about what you need. It's easy to jump straight to asking for part-time hours or working from home because those are the options we hear about most often. But there might be another arrangement that gives you the flexibility you're looking for without changing your role as significantly. Think about:

Childcare arrangements

What days and hours will your childcare cover? How long will your commute take? Will you need to collect your child at a particular time, and is there any flexibility around those arrangements?

Your working hours

Would reducing your hours make the biggest difference, or would changing your start and finish times be enough?

Your role and responsibilities

Are there particular parts of your role that need you to be on site? Could some responsibilities be completed remotely, or could your working pattern be adjusted around busier periods?

Your finances

If you're considering reducing your hours, make sure you understand what this will mean for your take-home pay, pension contributions and household income.

Your longer-term plans

Think about whether the arrangement is something you would like to continue permanently or whether you would prefer to review it after a few months.

You don't need to have every answer before speaking to your employer. The aim is simply to understand what you are asking for and why it would help.

How to make a formal flexible working request

If you decide to make a statutory flexible working request, you need to put it in writing.

Your employer may have its own flexible working policy or request form, so check this first. Otherwise, you can submit your request by email or letter.

Your request must include:

The date you are making the request.
A statement confirming that it is a statutory request for flexible working.
Details of the change you would like to make to your working hours, times or place of work.
When you would like the change to start.
Whether you have made any previous statutory flexible working requests to your employer and, if so, when.

You can also explain why the arrangement would help you and include any practical suggestions that might help your employer consider it.

Although you don't have to provide a detailed business case, it can be useful to explain how the arrangement could work in practice. So if you are requesting an earlier finish, you might explain how you would manage your workload, meetings and handover responsibilities.

Flexible working request example

If you're not sure how to word your request, here's a simple example you can adapt.

Subject: Statutory Flexible Working Request

Dear [Manager's name],

I am writing to make a statutory request for flexible working following my maternity leave. I would like to request a change to my current working arrangements from [proposed start date].

My requested working pattern would be:
[Explain the hours, days, start and finish times or location you are requesting.]

I feel this arrangement would help me manage my childcare responsibilities while continuing to fulfil my role effectively.

I would welcome the opportunity to discuss how this could work in practice and whether there are any alternative arrangements we should consider.

I have not previously made a statutory flexible working request during the last 12 months.

Thank you for considering my request. I look forward to discussing it with you.

Kind regards,

[Your name]

Remember to amend the wording about previous requests to reflect your own circumstances.

What happens after you submit your request?

Once your employer receives your statutory request, they must consider it in a reasonable manner. They should arrange a discussion with you to explore the request and any possible alternatives before making a decision, unless they are agreeing to it in full. Your employer must reach a decision, including any appeal, within two months of receiving your request. You can agree to extend this period if more time is needed. There are a few possible outcomes:

Your request is accepted
If your employer agrees, the new arrangement should be confirmed in writing. If it changes your contractual working arrangements, your contract should be updated to reflect the agreement.

An alternative arrangement is suggested
Your employer might not be able to agree to exactly what you've requested but could suggest a different working pattern. For example, they might be able to offer different start and finish times or a different combination of office and home working.

Your request is refused
Your employer can refuse a statutory request, but only for one or more of the eight permitted business reasons.
These are:

The burden of additional costs.
An inability to reorganise work among existing staff.
An inability to recruit additional staff.
A detrimental impact on quality.
A detrimental impact on performance.
A detrimental effect on the ability to meet customer demand.
Insufficient work during the periods the employee proposes to work.
Planned structural changes to the workforce.

If your employer is considering refusing your request, they must consult with you first.

What if your flexible working request is refused?

Receiving a refusal can be disappointing, particularly if you have spent time working out childcare arrangements and planning your return around the change you requested. If your request is refused, don't feel that you have to accept the decision without asking any questions.

Start by asking your employer to explain the reason for the refusal and how they reached their decision.
You could also:

Ask whether a different working pattern might be possible.
Explore whether a temporary arrangement could be agreed.
Suggest a trial period, with an agreed date to review how it is working.
Ask whether there is an internal appeal process.
Check your employer's flexible working policy and the Acas guidance.

The Acas Code of Practice recommends that employers offer an appeal process, although there isn't a separate statutory right to appeal every refusal. Check your organisation's policy to understand the process available to you. If you believe your employer hasn't followed the correct process or has treated you unfairly because you made a request, you can seek advice from Acas or an employment adviser.
You are also protected by law from being dismissed or treated unfairly because you have made, or intend to make, a statutory flexible working request.

Two toddlers in denim overalls at a playground

A few things to remember before returning to work

Flexible working can be a really helpful way to make the transition back into employment more manageable, but it isn't the only thing worth thinking about.

Your return to work involves much more than agreeing your hours. Childcare, finances, annual leave, your relationship with your manager and how you feel about returning all play a part.

Try to give yourself enough time to consider the practical arrangements rather than leaving everything until the final few weeks of maternity leave.

And remember, you don't have to apologise for asking for a working pattern that helps you manage your responsibilities at home and at work.

You can be committed to your career and still need some flexibility.

Planning your return to work?

If you're preparing for maternity leave, it's worth thinking about your return before you finish work.

At The Maternity Plan, I believe maternity leave planning should cover the whole journey, including the practical arrangements and conversations that will help you return with more confidence.

Our Returning to Work After Maternity Leave guide takes you through the things to consider, from childcare and finances to flexible working and preparing for your first few weeks back.

And if you want help bringing all the different parts of your maternity leave together, the Maternity Blueprint gives you a structured place to plan your leave, understand your finances, organise your work arrangements and prepare for what comes next.

Explore The Maternity Blueprint

You deserve support that sees the whole you, not just the employee returning to work.

This article provides general information about flexible working rights in England, Scotland and Wales. Flexible working legislation and procedures differ in Northern Ireland. The information is not a substitute for individual employment or legal advice.

Supporting working mums through every stage of maternity leave - clear, practical guidance that actually works in real life.