I am located in NSW and due to return to work Monday after 12 months maternity leave : (...Only problem is work is offering me a different role (within the same department and status)...However I really want my old role.
As I understand, the old role should be mine! Its only in the event of a restructure that they need to offer a role with similar pay/ status?
Can anyone clarify this and point me in the direction of the actual legislation online so I can read.
Hi lubby - sorry we missed this thread.
Yes, you are entitled to your old job, as long as it still exists. If it no longer does, then you are entitled to a comparable position.
Go to the office of industrial relations website: work and family dot nsw dot gov dot au (sorry, I don't think I'm allowed to post the link. Ignore the spaces.) and check out the maternity leave section under 'employer responsibities'.
As I understand it, you should get your old role back if it still exists.
Did they say why they cant offer you your job back? If they have given it to someone else, then that is totally wrong and you have the right to demand it back. They should have filled it temporarily and told that person that it was a temporary job for the time you were on leave. As far as I know, they cant offer you job on a permanent basis to someone else unless you have resigned.
Have a look on the industrial relations website. It explains it all there. Maybe even give the Industrial Relations people a call and tell them about whats happening. I made several calls to them when my work was trying to stuff me over regrading returning to work. I hope you can get something sorted out.
Thanks everyone....I thought so, it was just must work (a very large multi-national) were insistant that they did not have to give me the role back. After seeing HR I am happy to say I have my old role back - yeh!
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