thread: How does maternity leave work???

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  1. #1
    Aneta Guest

    How does maternity leave work???

    I currently work full time (have been since 11/07) and am due 02/09... I may have to go down to part time hours due to the pregnancy and am worried as to how that will affect my maternity leave.

    As a full time employee I can take 14wks off at full pay or 28wks at part pay (which is what ill be doing, so that i can have 7months off paid).. however if I drop to part time hours for the duration of the pregnancy, once I go on maternity leave, will they pay me at the part time or full time rate for the 14/28wks?? As I wld still be contracted as a full time employee just having to work part time hours for a number of months to cope with the pregnancy?? so confused, and cant ask my boss as he doesnt like me discussing this pregnancy/leave conditions in terms of money!!! which is stupid, as money is the only reason ppl go to work in the first place!!

    Also, if I decide to take the full 52wks off (5months unpaid) with every intent on going back to work after maternity leave, if for any reason i cannot return to work, does that affect the maternity leave pay the employer would have paid me over the 7months?? I dont understand what the "intent to return to work" forms id have to sign are...??? What would happen if you didnt return to work after the maternity leave?

    Also, as someone previously posted on here somewhere.. what happens if you fall pregnant while on maternity leave and have to take a second lot of maternity leave straight away? .. not that im planning on it, just curious how it all works!

    This is my first pregnancy and Im finding all this more complicated than expected!

    Thanks,
    Aneta

  2. #2
    Registered User

    Oct 2004
    Sydney
    2,614

    If youre a permanent empoyee (ie, not a casual) you will still get your 52 weeks leave. I think if you were part time before you went on leave and you get paid leave, then you get paid at your part time rate. I could be wrong. Maybe it depends on why you had to change to part time? Do you have an HR / payroll department that you can discuss it with? My understanding was that if you got pad maternity leave as part of you employment conditions, then it doesnt matter whether or not you actualy return to work. Maybe you should check with them exactly what the "intent to return to work" form means. Maybe sure it doesnt mean they will ask you to pay back the money if you dont. I dont knowif theyre allowed to do that, but some worplaces can be dodgy. I never had to sign any form like that. All I did was write a letter telling them when I wanted to start and finish my leave. Maybe the form has something to do with how they will cover your position while youre on leave. Because if youre resigning, they can just get another permanent employee, but if youre going on leave for, say, 12 months, then they will have to tell the replacement that its just for 12 months. iykwim?

  3. #3
    Registered User

    Apr 2008
    Melbourne
    6,745

    Because paid maternity leave isn't a legislated provision, it is really up to the company to develop it's own policies around how they work paid leave. Often you are paid what you are working prior to leave although you may be entitled to what was in your original contract. You would need to check with your HR person to find out what the policy is around paid leave entitlements and also taking back to back maternity leave. You may find that you need to return to work for a certain period of time before you are eligible for a second lot of paid leave.

  4. #4
    Registered User

    Jan 2008
    in my head
    1,975

    I'm not sure about the details for some of your questions - it might depend on whether you are in the public or private sector - with the 14 weeks paid leave I'm assuming you're in the public sector. If so you can check the relevant state legislation - public sector management act or similar as it will have policy around mat leave.

    I'm sorry but I think your boss's attitude to not wanting to discuss this in terms of money is ridiculous and unfair! Perhaps he is unsure of the guidelines that apply to you? Every person in the paid workforce enters a 'contract' with their employee - I turn up for a set number of hours per day/week/shift, complete set/defined work tasks and receive a set/defined weekly or hourly wage in return. I think you can demand (or ask nicely ) that he sit down with you and discuss all of your options and choices in detail, including rates of pay.

    I would also contact the union for your particular industry and get some independent advice from outside your workplace.

    Good luck!

  5. #5
    Registered User

    Mar 2007
    outer South East Melbourne
    2,881

    Ask your HR department as it varies from company to company. At mine if you don't return you have to pay back the paid leave depending on how long you've worked there. I don't have to pay any back as I've been there 10 years. I think your paid leave will be at the full time rate but probably only if you stay on full time hours until you've served a full year full time.

    Don't worry too much about the possibility of having to go part time. My first OB told me I'd probably be off work from 30 weeks due to age risk factors (I'm 42) and I worked right up to 37 weeks (desk job), I was so paranoid I wouldn't make it that far, but I did.

    Most work places don't offer a second lot of paid maternity leave unless you have been back on the job for 12 months so if you fall pregnant again whilst on leave you probably wouldn't be entitled to it. Once again, check with your HR department.

  6. #6
    Registered User
    Follow Pandora On Twitter

    Jan 2005
    cowtown
    8,276

    I wouldnt go to parttime hours if you can aviod it as it will probably affect your maternity leave payments in the way you described.

    Can you take sick leave instead, or use temporary disablilty - I know one mum who used her supers temporary disablility cover and was on 70% full pay for the last 5 months of her pg.

    The returning to work part, relating to paid leave and whether you'd have to repay it, is something your employer will have a policy on. When I took parental leave at my old employer is was 12 weeks paid. There was no requirement to pay it back if you didnt return to work.

    As far as having another baby/becoming pg while on maternity leave, I think the entitlement to 52 weeks unpaid leave is based on 12 months continuous *paid* employment - I think you need to be back at your job for 12 months before you are entitled to another 52 weeks? But I'm not sure.
    Unpaid leave is legislated so I'd ring the relevant government department to enquire.

  7. #7
    Registered User

    Jun 2006
    Sydney
    1,746

    I think it all depends on your company. I'll be taking my second lot of paid maternity leave in December, and I would only have been back for 8 months. I checked with HR before becoming pregnant again though and they said that I could basically have two lots of continuous paid maternity leave!

    The best thing for you to do is to talk to HR. They'll be able to give you all the details you need.