I am in need of some advice or even a place to start!
I have 10 weeks until I am due to start my maternity leave.
Last week the director of the company (A small one... there is only 5 of us) announced he was leaving his fiance and children for one of our employees. His finace is a part owner, as is his parents. Then today he announces he is staying with his finace, and dumps the employee. Right now my receptionist and I are the only people in the office and working, and it is looking like the employee he had the affair with will leave, as well as another staff member.
I am so stressed and worried, getting stomach pains and feeling so sick because of all of this.
My question is this;
Am I entitled to anything at all if I stop work now? I dont want to risk my baby when I am this stressed and upset every day???
I had made a verbal agreement with the Boss to have my holiday leave paid out over 6 months while I was on leave, and if I leave now it will be paid out in full, leaving me with nothing when the baby arrives AND I lose the 10 weeks paid employment I was relying on!
Is there anyone I can contact to ask if I am entitled to a payout or compensation for losing my maternity leave, because I am pretty certain the business will fold now as only the director, receptionist and myself still have jobs!
depending on what state you are in, maybe contact your workplace ombudsman or union if you are part of one? I would think though (and this isnt based on anything other than my opinion!) that if the business closes before you are due to go on leave then you wouldn't get paid mat. leave, you may get a redundancy package (or whatever they call it). i would check with one of the government departments that oversees employment etc.
I'm sorry your workplace is in an awful situation. Definitely give the workplace people a call...I think it is DOCEP or Dept of Commerce (in WA at least).
If the business folds and you are offered a redundancy, I would assume that you'd get paid in lieu of notice. This could be anywhere from 2 weeks or a months pay upwards. Being a small business, I'd imagine they would just pay the legal minimum. Plus you'd get paid out any unused annual/long service leave.
If you do resign now, you won't be entitled to a redundancy if the business folds. I guess you have to weigh up whether it's worth the stress of going to work every day until they close up shop or you go on mat leave (whichever comes first) or forgoing the extra money and perhaps finding some temp work for the next 10 weeks.
Definitely make some calls first and find out what options you have.
Good luck xox
ETA: Try the Fair Work Infoline: 13 13 94
Last edited by Laranna; November 18th, 2009 at 01:36 PM.
: ETA
I think contacting the relevant experts is possibly the best way to find out where you stand.
But just a thought... Could you go on maternity leave now rather than resigning? If you did you may be able to start getting paid your leave now and take your annual leave at the same time... It could be possible that if you had a letter from your doctor/midwife saying that you needed to start maternity leave now because the stress of working was causing you problems you may be able to get the payment... Anyway just a thought. GL with it, I hope the situation there improves soon.
I'm sorry to hear you're having a rough time at work.
My work environment isn't particularly perfect at the moment either.
At my last OB appt, he asked what date I was planning to go on Maternity Leave, which is was at 37 weeks. I got a little teary and confessed that work was incredibly stressful, very demanding, and that I was feeling terrible about going to work each day.
He told me that that kind of stress was very bad for me and the baby, and has written a sick certificate to leave two weeks earlier. I would have like to go earlier again, but due to sick leave entitlements plus work commitments, didn't think it was fair to just up and leave (trust me.....I DREAM of it every half hour).
You could always have a look at this avenue. You could look at it as a short term measure (take a couple of days off, just to calm down a little) or as a long term, finish up early to start unpaid/paid maternity leave.
As for your other entitlements - Annual Leave and Long Service Leave (if applicable), regardless of if the business decides to close up, you are still entitled to every single cent. An employer is obligated to pay out ALL employee's entitlements, including any unpaid super contributions as a matter of priority. State Governments have various schemes in place, as well as the insolvency laws to protect you in this instance. My only other comment would be NOT to agree to any alternative payment in lieu, just stick to what you are entitled to.
Well - Since my first post I have had time off work because the stress got so bad I was worried about my baby (She is fine the doctor checked everything out)
Went into work today, only to be told that I am being stood down pending an investigation by the directors lawyer into me? He wont tell me what I am being accused of and I am not allowed to work.
I am waiting for legal advice now on what to do, I cant even imagine what I could be investigated by a lawyer for?!?!?!?! My boyfriend came into the office with me this morning because I had been sent a text that upset me so much I couldnt drive, and he sat in on the ownder telling me I couldnt work. It is all so confusing, I was afraid I would lose my job because it would be closed down, not that I would be fired!
HELP!
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