Jump to content

Maternity Leave Question.


  • Please log in to reply
21 replies to this topic

#1 Dettol

Posted 23 February 2012 - 12:56 PM

I have just been informed that my position will not be available for me if I wish to return from maternity leave.  Was a little taken back and said that I would be issuing the minimum 10 weeks written notice to them with my return to work date and said that it would need to be something that they would need to sort out in 12 months time.

I know they are not allowed to say that but they have.  Where on earth do I go from here?  Ignore it and if I want to return to work in 12 months time, just rock back up for my job in 12 months time and then tackle it then?

#2 Futureself

Posted 23 February 2012 - 01:03 PM

Who was it that said this? Your manager?
I would be going straight to the HR department and sitting down with them. They have to keep a position for you providing you're a permanent employee who has satisfied their length of service. It may not be exactly the same position, I understand they can offer you another at the same level if your current one has changed or is defunct on your return.
I wouldn't wait, I'd want it sorted before I went on leave!

#3 Dettol

Posted 23 February 2012 - 01:06 PM

The owner.  There is no HR department.

#4 Futureself

Posted 23 February 2012 - 01:08 PM

Are they saying that you can't come back at all so are terminating you? Or are they saying that they'll definitely have a position fro you at the same pay etc but it may not be the one you have now?

#5 bbunny

Posted 23 February 2012 - 01:09 PM

I think they're obligated to give you something equivalent or make you redundant if appropriate. But they can do that in 12 months when you return to work, so there is not much you can do about it now. Companies are not required to give you any guarantees on positions while you are away. So much can change.

But maybe you can contact the fairwork Ombudsman to find out your rights.
www.fairwork.gov.au/

#6 Futureself

Posted 23 February 2012 - 01:13 PM

Agree with contacting Fair Work
www.fairwork.gov.au/leave/parental-leave/pages/default.aspx

Something seems really off OP, especially if they're wording it as 'if you go and want to come back there won't be a job for you'

#7 Kucingcantik

Posted 23 February 2012 - 01:29 PM

First of all, have you been working for them for 12 months, or will you have been when you go on maternity leave?

If so, and they are saying you won't have a job after you take leave, definitely illegal and I would be lodging a complaint with FWO.

If you have been there less than 12 months, unfortunately they have no obligation to hold your job for you.

But, as other PP's said, first step is to contact FWO for them to explain your rights to you.

#8 Jocelyn_expecting

Posted 23 February 2012 - 01:32 PM

Hi OP,

Check out this reference from Industrial Relations. It is packed with info!

http://www.industrialrelations.nsw.gov.au/...ity_at_Work.pdf

Sounds like you'll have to contact Fair Work. What they are doing is illegal!!  mad.gif

#9 Dettol

Posted 23 February 2012 - 01:47 PM

I am well and truly entitled to it.  Have spoken to fair work, they are not allowed to do it.  If I lodge a claim they will send a resolution person in to sort it out.  They have to guarantee my position back if it is still available in its current form.

Just have to work out when to lodge complaint and then wait for it to hit the fan I suppose. sad.gif

#10 Futureself

Posted 23 February 2012 - 01:53 PM

That's awful OP, I'm sorry that you're having to deal with a dodgy workplace trying to pull a swifty.
Did fairwork advise you to sort it now? I know I wouldn't want to wait - if I was going back it would be because we needed the $ to start coming in. I'd hate to then have to wait while they sorted themselves out and fought it etc. and be stuck in the meantime.

#11 Chief Pancake Make

Posted 23 February 2012 - 01:56 PM

They are allowed to make you redundant and if you are on a contract that will end before you come back they are under no obligation to renew it.

#12 tothebeach

Posted 23 February 2012 - 01:57 PM

QUOTE
I have just been informed that my position will not be available for me if I wish to return from maternity leave.

I used to work for a big corporate and this happens all the time.  they have to find you something equivalent when come back.

#13 Dettol

Posted 23 February 2012 - 02:03 PM

They were happy to do it when ever I wanted them too.  I dont have much longer to go before I start leave.   Might be easier to wait until I am not here and then let them fight it out over the coming months and then I dont have to deal with the fall out.

Its not going to make for a comfortable workplace if I start the ball rolling before I leave.

I know they have to give me a) my job back or b) the equivalalent if its no longer available.  Thats the problem they have told me there will be NO full time position available unless my replacement does not work out.

Edited by Dettol, 23 February 2012 - 02:06 PM.


#14 frogcal

Posted 23 February 2012 - 02:10 PM

You are better off to pursue it now, so that they are aware of their obligations and that your replacement should be put on a limited tenure to cover your leave only. That way your position is available when you return as your replacement is fully aware that their position is temporary only. They cannot make you redundant on the premise that they are hiring someone else to fill your role.

#15 Dettol

Posted 23 February 2012 - 02:12 PM

They have already hired my replacement and told her it is not a maternity leave position.  So its a bit late for that.

#16 2bellaboos

Posted 23 February 2012 - 02:12 PM

Good on you for contacting FWA. Just wanted to add if it hasn't already been covered, if your role does not exist upon your reuturn, you are entiteld to a redundancy payment if there are no other suitable jobs of equal (or similar) pay and stature.

#17 Turtlerunner

Posted 23 February 2012 - 02:14 PM

I would lodge now - it takes a while for FW to actually do their bit and therefore if you don't have long to go fairwork prob wont start investigating till you have gone, also your employer needs to know you are on Matt leave and have the option to come back - and not just left the business.  Are you claiming the fortnightlyCentrelink  Baby Bonus - if you are your employer should be processing it through the payroll.
Also - your work place needs to be made of the rules - so many dodgy business owners / managers that don't know the rules or care about them.

#18 Kucingcantik

Posted 23 February 2012 - 02:15 PM

I agree with you that you should put in a complaint to FWO after you go on maternity leave. Until they have terminated your employment, technically they have not yet broken the law, just threatened to do so. If  they fire you beforeh you take your leave, you can investigate lodging an unfair dismissal complaint but it is a bit harder than lodging a complaint through FWO for them failing to comply with maternity leave entitlements.

It will also make it a lot easier on you if you are not having to deal with them everyday after making a complaint, especially when you are pregnant  -you don't need the stress of that!

#19 Kucingcantik

Posted 23 February 2012 - 02:19 PM

Also just wanted to add: have you given them the written notice for taking maternity leave yet? If not I would write to them stating that you want to take parental leave pursuant to the Fair Work Act section 70, from X date until X date.

I would then request that any response to that notice be given in writing, and if they want any meetings, that you bring a witness with you, and record all conversations you have with them in writing as soon as possible after they occur. If they are this dodgy to try to fire you for taking maternity leave, they will almost certainly lie about it, and you need to have those records to help protect you.

#20 Dettol

Posted 23 February 2012 - 03:07 PM

I have given them notice that I will be taking leave and taking 12 months leave with my return to work date on the letter.

Will be doing no more sit down chats without a witness, either in writing or through fair work from now on.

#21 laurs

Posted 23 February 2012 - 03:17 PM

Is there any chance they don't understand their legal obligations? If you want to continue working there it would be in your interests to stay on good terms with them and reporting them is likely to make things uncomfortable.

I would be diplomatically letting them know what the law says. If they still maintain their stance, then absolutely go ahead and lodge a complaint with fair work.

#22 Dettol

Posted 23 February 2012 - 07:04 PM

They know the law.

As of this evening  all diplomacy has gone out of the window I am afraid.  I am upset and disappointed to say the least.






1 user(s) are reading this topic

0 members, 1 guests, 0 anonymous users

 

WIN an exclusive performance from Sam Moran!

To celebrate the release of children?s musical series Play Along with Sam, out now on DVD, we?re giving one lucky parent the chance to have Sam perform at their child?s pre-school or day care!

The myths and truths of gender swaying

Here are a few popular methods hopeful parents-to-be use to try to get a baby of their preferred gender – and what an expert says about whether they really work.

10 easy DIY Christmas decoration ideas

It's officially time to get into the Christmas spirit. Why not branch out when you put up your tree this year and add a personal touch with a few DIY decorations? We've found the perfect easy-to-make ways to put more festive fever into your home.

The dangerous new trend of glucose challenge test refusal

A dangerous trend is seeing more mothers-to-be declining a relatively simple and painless test to check for gestational diabetes.

Office of Fair Trading reveals naughty toys ahead of Christmas

The Office of Fair Trading has pulled seven toys from shelves ahead of Christmas after they fail safety tests.

Video: Baby boy's trouble with twins

These twin girls will no doubt have fun fooling people in years to come, but nobody will be as confused as baby Landon.

Long-term reversible male contraceptive on its way

Men could soon have access to an injectable long-term contraceptive which works in a similar way to a vasectomy but promises to be easily reversed.

'I tried to kill my baby': one mum's story

After bathing and dressing her three-month-old son, Amanda had a rare moment alone with her baby.

Attack of the 'mummy brain'

I feel that almost every day, someone in my life - be they a friend, family member or complete stranger - feels the need to excuse my behaviour as I have other things on my mind.

Mum of baby who fell ill after drinking raw milk speaks out

A Melbourne mother has described how her son turned grey when he became seriously ill after drinking raw milk.

Australian divorce rate lowest since 1976

Modern newlyweds are now well into their 30s and marriage still offers something powerful a new book argues.

The aftermath of a traumatic birth experience

In Australia, 30 per cent of women find their birth experience traumatic, with 6 per cent going on to develop post traumatic stress disorder (PTSD).

Young mum burns 'from inside-out'

A young mum is in intensive care after she took a friend's antibiotic and wound up with an ailment that is burning her body 'from the inside-out'.

The disagreement that can break a relationship

If he doesn't change his mind, all I can hope is that I will. It would be a waste to spend the rest of my marriage mourning a baby that never was.

Co-sleeping or no-sleeping? Mum videos worst nap ever

One mother's futile attempt to sleep in caught on camera in a hilarious - and very cute - video.

Why children misbehave during the festive season

While we all like to imagine the holiday season as being a fun, loving and bonding experience; often our reality is quiet different.

I was fat-shamed by my doctor

The fear of being weighed is the most significant factor in women cancelling medical appointments - and now weight-shaming has happened to me.

End of an era: no more childcare

As we reach the end of 2014, we're closing the book on many things for another year, most notably childcare. Our last child has attended childcare for the very last time.

The 7-year itch is more like the 10-year itch: study

Contrary to popular belief, making it past the seven-year mark doesn't mean your marriage will be smooth sailing from there on.

Stop telling us that parenting gets harder

I’m sure that parenting will get harder. But life isn’t exactly smooth sailing for many of us right now, either.

Should children be forced to sit on Santa's lap?

We teach kids it’s okay to say no if they don’t feel safe, so why do some parents force their children to climb in to Santa's lap?

Download now: Essential Kids Activity Finder app

Got bored kids? Quickly find the best activities for kids wherever you are in Australia with the Essential Kids app.

 
Advertisement
 
Advertisement
 
 
 

What's hot on EB

Baby born weighing almost 14 pounds

Yes, the bouncing baby girl was born by caesarean section. And mum says no more kids.

The dummy debate

I'm the first to admit that when I used to see tiny babies with dummies in their mouths, I thought "Hmm, lazy parenting." And now I apologise.

WIN an exclusive performance from Sam Moran!

To celebrate the release of children?s musical series Play Along with Sam, out now on DVD, we?re giving one lucky parent the chance to have Sam perform at their child?s pre-school or day care!

'I thought I was an only child'

Imagine meeting your double at a school sports event, or regularly being mistaken for someone you haven't met. Separated twins Margaret and Joy tell their story.

Mums reveal their nappy bag essentials

Ever wondered what other mums carry in their nappy bags? We have, so we asked mums to tell us their must-have nappy bag items.

Toddler died because he wasn't given antibiotics soon enough

A 15-month-old boy would almost certainly be alive today if doctors had given him antibiotics sooner, a coroner has ruled.

VIDEO: moment a toddler falls on to train tracks in Melbourne

Shocking footage has emerged capturing the moment a pram carrying a toddler rolled off a platform and onto train tracks in suburban Melbourne.

Sold on natural birth? Read the fine print

In the excitement and anticipation of a first pregnancy, I ignored the fine print: some women, some of the time.

Child with alcoholic mum who drank while pregnant won't win pay-out

A young child is not entitled to criminal injuries compensation after her mother drank excessively while pregnant.

Superbugs killing India's babies, posing wider threat

A deadly epidemic that could have global implications is quietly sweeping India, tens of thousands of newborns dying because antibiotics no longer work.

Can you teach a toddler to sleep in?

Parents share their tips on getting their early risers to sleep in, even for just a little bit longer.

Keeping your relationship on track as new parents

About 70 per cent of couples experience a slump in their relationship within three years of having a baby. Here's how we tried to get back on track.

America's favourite baby names of 2014

Americans are turning to television, Netflix and sports for ideas for what to name their wee ones.

Carers admit to force-feeding children

As Sydney grieves the loss of Sydney siege victims Katrina Dawson and Tori Johnson, reports have suggested that both died as heroes.

 

How many weeks til Christmas?

On your To-Do list

Get the "Santa" shopping done without the kids in tow.

 
Advertisement
 
 
Essential Baby and Essential Kids is the place to find parenting information and parenting support relating to conception, pregnancy, birth, babies, toddlers, kids, maternity, family budgeting, family travel, nutrition and wellbeing, family entertainment, kids entertainment, tips for the family home, child-friendly recipes and parenting. Try our pregnancy due date calculator to determine your due date, or our ovulation calculator to predict ovulation and your fertile period. Our pregnancy week by week guide shows your baby's stages of development. Access our very active mum's discussion groups in the Essential Baby forums or the Essential Kids forums to talk to mums about conception, pregnancy, birth, babies, toddlers, kids and parenting lifestyle. Essential Baby also offers a baby names database of more than 22,000 baby names, popular baby names, boys' names, girls' names and baby names advice in our baby names forum. Essential Kids features a range of free printable worksheets for kids from preschool years through to primary school years. For the latest baby clothes, maternity clothes, maternity accessories, toddler products, kids toys and kids clothing, breastfeeding and other parenting resources, check out Essential Baby and Essential Kids.