Can they change my job while I am on maternity leave?

[Karina]

Hi Ladies.

I was wondering if anyone would be able to answer a question for me, or point me in the right direction?

I am currently employed in a full time job and I will be taking maternity leave. This is my last week at my job, so my leave officially starts next monday.

Basically, I have a sneaking suspicion that they will be changing my job while I am on leave. I have already been advised that the temporary person taking over my role is doing something different to what I do now.. which makes me think that they might expect me to do what they were doing, when I come back - though they havent actually told me this, I have heard it through the grapevine iykwim. Did that make sense?

Anyway... can they do that?? I didnt think they could do that under the law. I have had a look at industrial relations website (the NSW one) and it basically says they have to give me back my same job unless that job has been made redundant..

Am I correct, or can they change it if they want?

any advice would be great. I dont want them to rort me.

[Trillian]

I'm pretty sure they can't do that and if they do 'change' your position, they can't pay you less money either. Maybe it would't hurt to ask them and then let them know the relevant laws you have found out about it? They may not know they can't do that.

[Karina]

thanks i thought they coudlnt change it.

yeah.. the person I need to speak to is not here today but he should be back tomorrow. I think I might just ask why the person replacing me is doing something different, and if that means I will doing that when I return. I dont really want to let on that someone else has mentioned that they heard my position was being changed. But if they do say that they are changing, i'll just ask why I was never notified until I asked, and tell them they cant really do that... maybe i'll print out the page from the website i looked at.

But if they are changing my job, I will not be happy.

why do employers like to rort people!

[Ca Plane Pour Moi]

Yes, they can change it (well, this is for the UK anyway, it may be similar).

They CANNOT pay you less money for it, if the position is too different you can demand the "same or similar" job back (so all the new tasks have to go to someone else) else you can walk and don't have to pay them your mat leave money back, because they destroyed your post while you're away.

It's up to you if you want the changed job when you go back - but is this replacement just having to cover your job and their old one? My old job has changed a lot, but that's because my replacement has to do both our jobs in just 20 hours a week (rather than the 40 I had and the 20 she had). It should be more "back to normal" when I return... if there's a job left for me, as there are too many closing down rumours for me to feel secure.

[KarlaO]

My understanding is that they have to either give you your old job back, or a comparable one at the pay you were receiving. So they can give you a different job, but they can't pay you less than what you were getting before you left.

[Karina]

oh that is so sucky if they can change my job without consulting me! I think they are taking advantage of me. I am an administration assistant, and my replacement will be a receptionist answering all the calls that come to the office, and will be doing very minimal admin work.. an apparantly that situation wont be changing when I return (ie, when i come back i will be doing what my replacement is doing, while I am on leave).

i work as an admin assistant for an insurance compnay - my job includes the
-mail (going to the post office and lugging the days mail back to the office then opening and sorting it),
-getting the insuarnce quotes (and the ones we rejected) and entering them into the system,
-processing policies (finding the policies that need to be renewed, cancelled, updated, changed etc and making those changes on the system)
-organising for someone to do inspections done on buildings we insure to make sure they arent going to fall down and have appropriate fire extinguishers and all that sort of thing, then if there is something wrong with the building i have to make sure that something gets done about it.
-i do answer the main phone, but there are other people who answer the phone too so we share that duty.

The temporary person is going to be answering all incoming calls.. and may be doing a litle bit of the processing/data entry thing i listed above.

I am already having to answer all the calls, which they changed without even telling me.

Do you think they can get away with it because the jobs are sort of almost similar?
I have no idea about pay etc. Its not something I have asked tham about, but if they do reduce my salary or my hourly pay, I will be putting in a proper complaint.

i guess for now i was just wondering others opinions.

[Tracey]

Yep they can give you any role at all, with similar/same hours but the smae pay as prior to Mat leave (unless it is a higher paid role & then they'll pay you more).

But your job is not necessarily your job, I know mine always is coz I only ever train temps to do mine & this time I dont wnat it back & they are trying to mkae me keep my professional status when iw ant to give it all away & do 4hours @ night in the factory!!!

But yep you could be mopping toilet floors when you get back?? Or be a PA to the Director???

[Firstbump]

Hi Karina,

Most of what has been said here is correct. A good employer will discuss any changes to your role and are actually required to discuss them with you under the legislation.
The legislation is clear in that if your role changes whilst you are off on mat leave the new role must be of similar Value and Status.

I would have a chat to your employer and explain your concerns and have them explain to you what their intentions are.

At the Office of Industrial Relations website you will find a PDF brochure which lists all that you need to know including the employers responsibilties. I would have a browse through that before you have a chat with them. The link is http://www.workandfamily.nsw.gov.au/...y/default.html

Best of luck

[Karina]

Thanks for all your advice and the link.

I'm going to talk to them. They cant just change my job without telling me.