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?

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

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.

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.

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

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.

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

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.

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

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.

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.

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.

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!!!

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.

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!!!

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

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.

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.

Any further developments littlesprocket?

Well I was told about the casual stuff from my boss however its the admin manager thats supposed to tell me about it and she just keeps saying "oh we will talk about it next week". She is real dodgy. So my husband and I discussed it and Im just going to put in for maternity leave starting at 36weeks and thats it. No doing 3 days and 4 days a week. That way when I come back I have to be offered my same full time job back and they cant come back and say "oh but u were part time when u left" blar blar blar. Plus Im over working already so Im gonna go for the break. I was going to look for government work while on maternity leave anyways so hopefully wont have to go back to original job.

have you put in your mat leave already? you have to give them 10 weeks notice I thought, under legislation?

Up here in Queensland u have to notify them your pregnant and that u intend on going on maternity leave and then put in for your maternity leave 6 weeks before u go. I gonna write my letter today and email it off to the relevant people and see how that all goes down.

cool :) I wasn't sure whether it was a state specific thing, good luck!

I sent off my email with all attachments of leave forms and I got a very angry email back almost straight away. Apparently I was never spoken to properly about the matter and it was not their intentions to put me back to casual. They wanted to put me on a higher hourly rate (like casual) when I went down to 4 and 3 days a week so they didnt have to pay holiday or sick pay during those weeks (must be too hard for them to figure out). This was followed by "We thought this would be better for u". They then went on to say that they intended on me coming back to full time work after maternity leave but I just dont trust that. People say things and it just doesnt happen. If u take holiday and sick pay off me and put my hourly rate up, thats casual. So Im in the poo right now with work cos I didnt discuss it properly with the admin manager and only discussed it with my a immediate boss (silly me, who would have thought I couldnt talk about it with my boss).

I think you've done the right thing. You're fully entitled to holiday/sick pay for those 3 or 4 weeks. Milk them for all they're worth!!

My boss came into me yesterday and told me that Ive upset the Admin Manager because in my email I said "By Law". I used this when I was explaining how long I had to notify them of maternity leave. Still trying to see what the problem is here. My boss then went on to say "U know we dont still to the law here". I told him "Well u kinda have to in some situations". He was like "Yeah I know". I said to him I need something in writing saying I will be coming back to fulltime same job when coming back from maternity leave and I will not be made casual. They are still insisting that what they want to do is not casual so I want that in the letter too. Im now having a meeting today with them all to discuss. The admin manager wont even look at me. Its awesome.

Keep sticking to your guns. You had every right to say 'by law...', and that's exactly what it is. Make sure you don't leave there without that letter.

Also have them put their intentions upon your return in writing too...
Because if you sign or agree to them taking your holida pay eytc then it makes it VERY difficult upon your return....

Stick to your guns!

Jeepers, little sprocket, this is a saga!

What the hell was the admin manager getting his knickers in a knot about? Because you used the phrase "by law"? But if you have to legally notify them a certain time before the date, then you have to use that phrase!
And you can't talk about it with your boss?!? WTF?

I'm with the others- get EVERYTHING in writing and then make certified copies of it. And hunt for another job. ;)
Good luck!
Kirsten

Littlesprocket
A flyer just came around at work yesterday regarding the government's IR laws and employees rights. The most interesting one to me was:
You can't be fired for being pregnant or for being a carer for your child/ren

You can't be asked to go casual and as everyone else has said you lose ALL your rights the minute you do.
You need to inform your employer in writing at least 10 weeks before you plan to go on maternity leave. Even though you have told them verbally this is important.

Go the Australian Govt website and look through there ... that is where i found out everything. Maternity leave is covered under FEDERAL legislation and is not state based.

If you need any help with writing a letter or something, please let me know. I am not a professional, but I do work closely with our HR department so i get to know the things they are looking for.

BTW, most companies require you to finish up at 34 weeks - any longer than that and you need a doctor's letter. If you have a dr's letter, you can work as long as you like.

Sounds to me like your employer is just a bit stuck and doesn't really know what they have to do. Perhaps give them the benefit of the doubt and that they suggested casual as they thought it might make it easier for you ... that can perhaps help to calm the waters and make it easier when you want to negotiate things.

Good luck!

Good thing you're getting some action now littlesprocket, that's great. Sounds as if this is the first time they've encountered something like this situation so it'll be a good learning curve for them as well as you. Good to see you've got the upper hand.