Parental Leave Entitlements: An overview

[cjsmum77]

Hi,
Just a quick Q from me. I worked FT before my maternity leave and due to be back next year. Just had a meeting with my employer yesterday and they pretty much told me that if i want to come back to my current position, i have to come back FT. Otherwise they can look for PT position for me with lower salary. But I know before they gave someone who came back from maternity leave a PT position with less responsibility for the same salary as their previous role?
What's my right? Thanks

[Muppity]

Hi cjsmum

Actually - sorry - but on this one your boss is right. Under the current rules if your return from mat leave they have to give you your old position or "an equivalent" position. There is a suggestion that where possible allowance for working part time should be considered but there is no obligation on the employer to do this.

Unless you work for a larger company where they have different rules written into your employment contract where alternatives have been negotiated.

If I were you I would sit down and work out what you want and then try and think of it from their perspective and then go back to them with a proposal for part time work in your current position or tell them why you think that a different position but a higher salary would be good for them as well as you. But unfortunately the fact that they did it for someone else previously doesn't cut it - for many companies times have changed and they simply can't afford to do things like that anymore.

Good luck.

[dusty]

I think there have been some changes to entitlements from 1 January including what I understand from another thread is you can have up to 2 years unpaid maternity leave now. Anyone know anymore about them?

[briggsy's girl]

the first year is, from my understanding, legislated by government. the second year is up to agreement with your employer

so basically, the first year, your employer is obligated to keep your role for you - the second is between you and your employer

this whole thread is probably obsolete now - i might have to do a new one and see if i can get a mod to make it a sticky - job for next week - too tired and grumpy today lol! can someone remind me?

[mummytash]

Hi girls,

Question from me-

I have recently begun FT employment (with company for 2 months) and have found out unexpectedly that I am pregnant... just over 4 wks My baby is due in mid September. According to my calculations I have worked out that I will by then have been in my position for a full 9 months... do I fall short of the 12 months minimum for maternity leave entirely? Or, fingers crossed, will they put off paying me for the first 3 months (and I'll take unpaid leave) and once I'm on there books officially for a year even though I'm on leave, start paying my maternity leave for the remainder of my time off? IYKWIM...
Also, do they have the right to terminate my employment if I tell them I am pregnant while I'm still on probation? My probation period goes for 6 months. I will most likely be showing by June, you'd think :P I'm more worried about telling them this and then getting fired
All feedback welcome!
Thanks in advance

[CoNNiE_Melb]

They can't fire you for being pregnant, even if you are within your probation period - that's discrimination.

[briggsy's girl]

i doubt any employer will hold your positiong for an additional 3 months and then start paying you maternity payments - you will have only 9 months service - they MAY keep your position for you to return to, but i doubt they will be under any obligation to do so

[mummytash]

i doubt any employer will hold your positiong for an additional 3 months and then start paying you maternity payments - you will have only 9 months service - they MAY keep your position for you to return to, but i doubt they will be under any obligation to do so

Just trying to understand better... by under 'no obligation' you mean that they have the right to fire me once I need begin my leave, because I have not been there for 12 months? And I don't have the right to even take 'unpaid' leave? (Sorry, just I'm wanting to know what I am legally entitled to not what they may choose to do)

Thanks!