Results 1 to 9 of 9

Thread: Do i have to quit

  1. #1

    Join Date
    Jun 2013
    Location
    Katherine, NT
    Posts
    226

    Default Do i have to quit

    My partner is in the defence force and we will be posted to a new location mid November. I will be around 6 1/2 month into this pregnancy.

    I work for a national (retail) company which i can easily transfer between branches. However, being so far into my pregnancy, i am worried/i know that no branch will accept me knowing that within a month or so i will be on maternity leave. I have no intention of resigning from my position as i enjoy my job but i am concerned i am going to be left with no other choice. I was planning on saving all my leave which should total about 20 days which i could start taking in december and by the time that is done with, i should be ready to start maternity leave.

    My question is, if i changed my working status to casual before going onto maternity leave, will i still be eligible for maternity leave? or should i just cut my losses and quit.

    Are they obligated to continue my employment if i change states even if i have not yet been offered a new position? also, when should i approach this topic with our human resources team?

    Any advice would be greatly appreciated as i have no idea where i stand and its something i know that will start to bother me as the days draw nearer.

  2. #2

    Join Date
    Oct 2006
    Location
    In a house, on a hill with a big fat welcome mat!
    Posts
    6,772

    Default

    If you go casual there is no obligation for them to hold a position for you for the period of your mat leave.
    There is no obligation to offer you a position else where either, however if this is common practice in your company and then not allowing you to switch stores due to pregnancy is discrimination. Saying that they may not have a role for you in the new location so no discrimination there.
    make sure you double check the requirements for paid parental leave before making any decisions

  3. #3

    Join Date
    Sep 2008
    Location
    Melbourne
    Posts
    1,424

    Default

    I'm not sure, but could you perhaps call the retail worker's union? They're likely to know what your rights are. Or perhaps even better, Fair Work Australia?

  4. #4

    Join Date
    Aug 2006
    Location
    On the other side of this screen!!!
    Posts
    11,129

    Default

    Why do you want to change over to a casual status?

  5. #5

    Join Date
    May 2009
    Location
    SEQLD
    Posts
    2,308

    Default

    I work for a national retailer and recently a heavily pregnant lady was transferred to our store and she's due to start mat leave within the next month.

  6. #6

    Join Date
    Jun 2013
    Location
    Katherine, NT
    Posts
    226

    Default

    I figured that if i go casual, it will open up a position where i am currently working so that they can hire someone to replace me as i wont be in the state to take my position back when i am ready to return to work.

    I also have to put into consideration if there will be a branch where i am moving to. If there is, and they have a position available to fill, i would feel bad taking that position then deserting them to go on maternity leave within a couple of weeks. Only for them not to be able to find someone to fill my position due to wage restrictions.

    Unless i can organise for HR to help me and place me in a store as a temporary fix until my leave starts then change to casual as i'm not sure how long i will take off after bubs is born. I may return to work in as part time. I want to avoid child care for as long as possible. I have a few friends who work in child care and i honestly dont see the benifit to it....its actually quite appalling the stories i hear....sorry its a little off topic.

    Are there any recommendations as to what else i could do that i havent thought of?

  7. #7

    Join Date
    Nov 2011
    Location
    SE Melbourne
    Posts
    2,975

    Default

    I don't know the actual answers to your questions... but....

    just a couple of thoughts....

    - could you take leave without pay up until the time your maternity leave would have started - and then start again in the new location when your mat leave is over?
    - could you hang around in your current position for an extra month or so while hubby moves and then move up and follow him when your mat leave starts...? (not ideal I know...but...?)
    - could you start your maternity leave a month earlier...? then when the 12 months is up ask for an extension if you need it for a bit longer....? OR take leave without pay until you are ready to start again... or something...?

    bit of a tricky place to be in - good luck trying to figure it out!!

  8. #8

    Join Date
    Aug 2006
    Location
    On the other side of this screen!!!
    Posts
    11,129

    Default

    OK, I get that you're brimful of loyalty for your employer, but this is not the time or the circumstances to doing *anything* that might weaken your claim to entitlements. Moving from permanent employment to a casual contract *will* reduce your longterm job stability.

    I'm quite sure, if they are a national retailer, that they can organise someone else to be a casual employee to fill your place while you are on leave without you needing to be the person who becomes a casual.

    Also, your pregnancy or not should have no bearing on whether you are eligible/skilled for a transfer to another job. Apply for the transfer, take the leave you are entitled to, and let them work out how they are going to fill the gaps left by your absence, whether that be in your current position, or your new position, or a combination of both.

    Just remember, while you are agonising over "doing the right thing" they are only interested one thing: making a profit. Get some advice from an impartial third party - your union, or a workplace advocacy organisation.

  9. #9

    Join Date
    Jun 2013
    Location
    Katherine, NT
    Posts
    226

    Default

    I was just having this conversation with my partner and he feels that i should hang out until a couple of weeks after he is gone then take my maternity leave as planned, which if my dates are correct, i am able to start the same week christmas is. Then when i am ready to start working again, organise my transfer then.

    As far a loyalty goes, i have an abundance of that. However, my employer has let me down on more occasions than i care to remember. So i am left wondering why i care so much.

    As for going casual, this would allow me to work anywhere at anytime. As long as there is a store near by that needs the extra hands.

    Asking a union is out of the question as i am not in one and have no interest in them as they do not exist in the other states for my line of work, so what applies in this state may not apply to where i am moving to. But you are right, they may be able to shed some light.



    I might organise a meeting with my manager and HR and try to come to some sort or arrangement.....i know its early days yet, but i would feel more relaxed knowing i had a plan.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •