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thread: Work wants me to go to casual just before I go on maternity leave

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  1. #1
    Registered User

    Jan 2007
    205

    Work wants me to go to casual just before I go on maternity leave

    I put forward a suggestion that I go to having 1 day off a week 6 weeks before im due and then 2 days off a week 3 weeks before Im due so work isnt put out as much (and oh boy do they let me know that Im such pain in the rear for falling pregnant and wanting maternity leave). To this they have come back with "yep that really good however we want u to go to casual now". There is a lady at my work that has tried for 2 years to become permanent part time and only just managed it so Im concerned when I come back that Im going to have a really hard time managing this and also the fact that they can get rid of me whenever they want and I lose all my benefits. So I was just going to say in a nice way bugger off and Ill just go on maternity leave 4 weeks before my due date and u guys can just deal with it. What are your thoughts?

  2. #2
    Registered User

    Dec 2006
    In my own private paradise
    15,272

    it doesn't sound like they're a particularly helpful emloyer - i'd be saying no to the casual stuff hun - once you're casual, you're not going to have any guarantee if a job when you want to go back - they can always say there is nothing available or they don't need you - and it sounds like it's something they would do! if it's in your agreement that you are entitled to mat leave as a permanent employee, stick it out and take your leave per your agreement - as much as it might be part of your own work ethic to help them out, it's not up to you to take care of your employer and you have to do what is going to be right long term for you and your family

    good luck with it hun

  3. #3
    Registered User

    Jan 2007
    205

    They dont know what to do with me really cos they have never had anyone go on maternity leave before. The company has been running for 17 years however its construction and its pretty much blokes and thats it. Printed them out a whole heap of stuff but they didnt look at it.

  4. #4

    Mar 2004
    Sparta
    12,662

    Definately no to the casual - once you go casual you can kiss your maternity leave goodbye and maybe your job as well. As a casual they can just cut all your work and replace you next week.

  5. #5
    ♥ BellyBelly's Creator ♥
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    Feb 2003
    Melbourne, Victoria, Australia, Australia
    8,982

    I would say no too - they have alot more power over you if you go casual.
    Kelly xx

    Creator of BellyBelly.com.au, doula, writer and mother of three amazing children
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  6. #6
    Registered User

    Feb 2004
    Melbourne
    11,171

    Yep I agree with the others, I'd be saying no to casual. When you go on maternity leave your employer only has to hold your current job for you. So if you go casual, after maternity leave they can just say, sorry no shifts for you this week & continue to do so forever.

  7. #7
    Registered User
    Follow Pandora On Twitter

    Jan 2005
    cowtown
    8,276

    Theres no way I'd go casual. Are you covered by an award, or part of a union?

  8. #8
    Registered User

    Jan 2007
    205

    Nope no award and no union. Yeah I was going to say no to them about going casual. Ive got a sneaking suspision they arent gonna make this an easy transition at all. Anyways bad luck for them.

  9. #9
    Registered User

    Dec 2005
    5,951

    Stick to your guns and say no to casual. You know your rights, even if they don't.

  10. #10
    Registered User

    Mar 2007
    351

    hey little sprocket

    I was a fulltime student and worked casually but I deferred my studies and left work (work was unsafe for pregnancy) quite early in my pregnancy.

    Reading your post just now, I realise my pregnancy would have been alot different if I continued uni, sitting and studying for exams as well as still working.

    People ask me what I have been up to and I say "oh just being pregnant". I really appreciate that I can nurture myself and my baby and have more than ample time to prepare for his arrival.

    So I would not go casual either, take the time that is righfully yours for you and your baby.

  11. #11
    Registered User

    Jan 2007
    848

    I agree with the others, say no to casual. Are you able to get a Medical Certificate to say that you need to work part time hours leading up to birth and take it out of your personal/sick leave entitlements? I am not sure how you are covered if you haven't got an award so not sure what you might be entitled to but it is worth a shot.

  12. #12
    Registered User

    Jan 2007
    205

    Yeah my OB is pretty good and would give me a doctors certificate to say I can only do a certain amount of hours a week but I dunno if this would stop them making me casual or not. Im just gonna take maternity leave 4 weeks before im due and if i need a day off here and there, Ill just take sick leave and get a dr's certificate. Not much they can do about that Im afraid.

  13. #13
    Registered User

    May 2007
    Brisbane, Australia
    614

    Have a look at the ASU (Australian Services Union) website and give them a call, they may be able to tell you if you fall under the "protection" of a particular union even though you're not on an award. It's well worth investigating....so much for little Johnny (Rotten) Howard's fair go for workers. It's crap.

    Hope you win!!!

  14. #14
    Registered User

    Jun 2007
    Dandenong Ranges, VIC
    11

    No way to casual and they can't 'make' you go casual. If they tried to do that at 27 weeks it would clear they are trying to avoid their obligations in relation to maternity leave. Threaten to go to the media and definitely contact a union, the AMWU (Australian Miscellaneous Workers Union) could be a good place to start. Don't worry about not being a member, you will still receive advice and they would love to take on an issue like this in the current political environment.

  15. #15
    Registered User

    Nov 2004
    Giving the gift of life to a friend..
    4,264

    I know of a girl whose work called her as they 'needed her'4 wks after her 1st baby was born & she ended up going back 3 days per week til he was 7 months old. Then she went back Full time when she fell preg with #2 it was harder with a 2yr old at home & so asked to come in at 10am instead of 8 & to finish at 5 (as she usually was in the office til 7sih!) She suffers severe M/S & has all sorts of issues when preg...

    They initiaqlly agreed then when she was 6-7mths preg she asked to go part time, tehy agreed but noone signed anything & she worked part time but whatever hours she could do as such (thinking shew as helping them & them her!)

    Then about 3 wks after that the boss came in & told her as she is casual they dont need her anymore & she's not entitled to mat leave!!! She was on almost 80K a year & her hubby whom has a cracked verterbrae that cant be mended (it's about 8yrs old the injury) & he can only do light duties, it was her income they relied on...
    So she abused them all walked out & never went back! Head Office in italy called her the following day to offer her a permanent Full time role again & her maternity leave, but shew as so angry she told him to shove it!!! Sure she regrets it now...

    But Morale of the story... Once your CASUAL you have NO entitlements to anything!!!!

    DO NOT agree & if you feel pressured get your dr to write a certificate for stress & get some legal advice!!!

  16. #16
    Registered User

    Jun 2007
    Mitcham, Vic
    168

    I agree with everyone above- do NOT go casual. One thing I have sworn is never to have my sole source of income as a casual worker again.

    They can't force you, and if they pretend they can I'd be contacting the media and shaming them in a public forum. Bastards.

    Good luck & I hope they're suddenly all struck by lightning and realise they should be honouring your requests.
    Kirsten

  17. #17
    Registered User

    Aug 2006
    On the other side of this screen!!!
    11,129

    It's probably worth ringing the Human Rights and Equal Opportunity Commission or even having a good look at their website, as I'm pretty sure that asking you to go casual because you are pregnant is DISCRIMINATION, and it would help if you can supply them with some printed information to that effect.

  18. #18
    Registered User

    May 2005
    Canberra
    3,617

    they cannot force you to go casual (although these stupid IR laws may somehow allow it), and you should refuse to do so if they push the issue (maybe tell them that you need to see whether your laywer thinks that asking you constitutes discrimination!).

    I am a casual employee (I always have been in this position and am lucky because I am NEEDED, and the organisation is very flexible for me). As a casual however, I am not entitled to maternity, sick or any other type of leave. If I cann't show up I don't get paid (If I didn't show up too often then I would likely get sacked). Basically as a casual you have little to no rights as an employee - there is no such thing as job security.

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