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Thread: Work entitlements and maternity leave

  1. #1

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    Default Work entitlements and maternity leave

    What happens to a full time position with pregnancy? Is it guaranteed when you go back to work? Should the pay still be the same? If I am say a supervisor and I am training someone up to take my position while I am gone, is it a given that i will still have that position when i return? (after 6 months) Or does there have to be a written agreement of some sort?

    Have to duck out, but will be back for responses

  2. #2

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    Default Work entitlements and maternity leave

    If you've been permanent for 12 months they have to provide you the same level role as you were before leave. So possibly not your exact role if not available but something that is on the same level (skill and pay wise).

  3. #3

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    Thanks schonell
    I was recently given the opportunity to go from casual (40 hours a week) to full time (salary). But considering I am pregnant (they didn't know at the time) and would have to take a pay cut for it I decided to just stay as a casual (they said it would be in my best interest too). Bee at same place for 2 years, but this employer has only been my employer since September last year. So now I am training up a staff member to take my position, but now I have been told I have to take a pay cut anyway because 'technically' I won't be in that position for the last 4 weeks of my employment. And I am now beginning to wonder if my position will still be available when I come back and at the same pay rate as BEFORE I had to step down and train someone else.
    I was under the impression that the girl who is taking my position was only temporary, like a maternity leave position. But now I haven't got a leg to stand on because I am casual I'm really peeved off about all of this. Plus the girl who will be replacing me is much younger and will be recieving about $3 less an hour than what I was getting for the same position (she's only 20)

    Anything I can do? Why would I bother going back and working under people who used to work under me? And for less pay.

  4. #4

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    It sounds like a good opportunity to look for another job. Especially, as you say, you are not guaranteed a job when you are ready to go back because you are casual.

    They really sound like they aren't the best people to work for and probably won't be very flexible when you have a baby


  5. #5

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    Yeah, things are getting a bit sus. They definitely want me to come back because of the customer relations I have. I am good at my position too. Just last week the boss was in the store and one of our regulars said "oh what will I do when you go on maternity leave!?" and he said to her "Oh she's coming back so don't worry". But how can they expect me to come back under such unfair circumstances? The flexibility will be ok because my manager does the rosters and we work well together and get along quite good. She always tries to give me what I need hours wise etc.

    I am just feeling so bummed out lately

  6. #6

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    Sounds like you need to actually ask them where you stand and make sure you are all on the same page.

  7. #7

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    Yeah, I am going to have a chat soon I think. That's why i wanted to get some facts straight with whats legal and whats not before I go ahead. Really disappointing that they would rather lose me than pay me what I deserve

  8. #8

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    First of all, please, please find out what award you are meant to be under and call Fair Work. If you don't know your award, they can help you out.

    Whilst you can agree with your employer to be paid differently to an award, you cannot be worse off due to it.

    I work a lot with awards in various industries, the less pay when you are not supervising, is not actually that suss, but pretty standard. Different pay for different shifts, depending on your responsibilities, typical with casuals. What does seem suss to me is being employed for 40 hours a week as a casual. I have not seen award in the past few years where that is acceptable at all. Casual and part-timers are not meant to work full time hours. Also the standard work week these days is 38 hours, so if you are doing 40, then the chances are you should be paid for 2 hours overtime at least!

    Now, don't go after your employers with what I have said above. You need to know what is in YOUR award and understand it so you can have a fair and equitable discussion with them. Write down the main points, the sections of the award that are relevant, even have someone with you if you feel the need. To stand up for your rights, you need to know your rights in the first place.

    Best of luck!

  9. #9

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    Thanks Astrid! I actually just e-mailed fair work before. So I will wait to hear from them. I understand taking a pay cut, but thought my position would be held when I return.

    Also, fair work is anonymous right? I mean, they won't contact my employer at this stage will they?

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