I thought i would let you all know that i have got some advise in reagrds to this issue of mine. I found out that if it is a company ie - (pty ltd) it is under a differnt act the federal act if not a company it is under the state act. This is a huge difference - It is sooo confusing i must say. It use to be simple and if you leave and go aon maternity leave your employer has to give you your job back.
Now it has changed so this is what i found out!
The lady advised me that if i wanted to return to work full time i am entitled to my full time job back, if that full time job is not available my employer has to give me work that is similar and in the same level and pay as my full time job before i went on maternity leave.
If i want to return the work part time your employer does not have to agree to this. You can request part time work and maybe come up with an agreement with your employer but he does not have to accept at all, unless you can honestly say he is discriminating against you etc etc.
On the other hand though, if you went to part time work before maternity leave you can then have that job back etc etc. If you went to back to work whilst on maternity leave it is a differnt issue all together.
It is complicated and the lady advised me that every case is different so if you have a similar case then contact this number 1300363264 or you can email them direct your issues and they will call you back and discuss the web address is wagenet click on the little envelope up in the right hand side corner and follow the steps.
On the up side my employer has advised in writing to me that he is happy for me to take on casual work ie - fill in on holidays relief work but he can not promise me any specific days or times. I would disscuss with your employer before going on maternity leave if you can return part time and get it in writing!!
A big thanks to everyones advise and opinions - it is confusing i must say, remeber though every case is different!
Hope this helps everyone and clears it up a bit.
Jen
x
Last edited by Trillian; October 18th, 2006 at 08:16 AM.
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