[Dettol]

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?

[futureself]

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!

[Dettol]

The owner. There is no HR department.

[futureself]

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?

[bbunny]

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/

[futureself]

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'

[Kucingcantik]

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.

[Jocelyn_expectin...]

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!!

[Dettol]

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.

[futureself]

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.