Can't return after maternity leave..

[mrscricket]

I took maternity leave from my job of 11 years in July 2007. During this time the business was sold - very recently, the new owners have not yet taken over, may not even be 100% approved yet. Anyway, i went in the other day to talk to my current bosses about returning to work soon and was told there isn't a position available for me anymore. The story then changed to the new owners don't want to take me on and aren't obligated to do so - which i guess is going to be my current bosses story so they don't look like the bad guys.. Can they do this?

[cindyb]

I dont have any useful info for you but just wanted to say... THAT SUCKS!! Surely they cant get away with that.. There would be some hotline you could contact, maybe wageline?

[~StarBright~]

*em**

This definaltely sounds suss to me!! I am sure there is someone you can call i just dont know who- a union or something like that? There has to be something you can do!!

Good luck!!

[Arimeh]

OOOooh what a nightmare!!!!! Its complicated when a business is sold, I know in Queensland that sometimes its a condition of the contract that entitlements are paid if owing etc, but not too sure about maternity leave entitlements and coming back. I'd ring the industrial relations hotline and see what they say. If they can't help, they may be able to point you in the right direction.

[Buffykaz]

Here are some websites that might be able to help:
Wagenet
Law Institute of Victoria

[AnyDream]

Here's another website where you might be able to get some support and information - they have a phone line you can call as well:

WIRE Women's Information

[Karina]

Em, this sounds quite strange. I do hope you can get it sorted out...
During my maternity leave, my compnay was also bought by another (larger) company. Approximately half of our staff were offered our same jobs but with the company that bought us, and the remaining people were offered jobs within the compny that previously owned the company. Hope that made sense!

Anyhow, from what I understand from some things I read at the time, your maternity leave entitlements should transfer over and so should your years of service. If your job still exists, then you are still entitled to have your job back, and this includes with the new company. If your job isnt there they should be offering you something as close as possible to it. If this isnt possible, then they have to make you redundant. Have you any idea whether your colleagues are being offered jobs? If they are, then it might be an idea to ask why you are missing out (because they cant not offer you something just because you are on maternity leave - its discrimination - but if there is genuinely no position then thats different).

Give the Workplace Infoline (the federal one as i think thats what you are covered under in VIC) and see if they can give you some advice. I've spoken with them quite a few times and they have been pretty good at telling me stuff.

[Lucy]

Em, do you have a copy of a contract of employment?

Did they give you any written information with regard to your maternity leave entitlements?

Legally you are eligible to return to work to a "like or somilar" role. So even if your old job has ceased to exist, they MUST offer you a similar level of role on your old salary (or pro-rated for part time)

In terms of the business being sold, your contract of employment is with the organisation/buisness, NOT with the individual owners, so the new owners MUST provide you with a similar role to return to.

HTH

[Pandora]

The other are right, if your job no longer exists they have to either offer you a similar job or make you redundant in which case you should be entitled to a redundancy payment. If you didnt take LSL already you should be paid out for that as well.

[Astrid]

Lucy and Karina are correct. Basically regardless of who owns the business (seperate legal entity stuff) you are still entitled to your job or you are entitled to a redundency payout. If you think about it large companies are owned by many shareholders, just because 1 shareholder sells their shares does not mean employees jobs are at risk. The same applies to a business of 1 owner that changes hands.

[Tobily]

Yep doesn't matter if the business has been sold - you are still entitled to return to a similar position or a payout.
Don't let them bluff you Good luck.

[Serendypyty]

Oh goodness, me Em!! That sounds suss and I would be bringing it up with an Employment Protection agency of some sort. I hope that you can sort it out with them!!

[tiggerlinda]

Em

Mat leave means the co must hold a position or make one for you on your return.

However it is a very candidate tight market and if this is the way the treat your return maybe you would be best a looking at other roles.

I have some good contacts in Vic if you would like to PM me

[Bathsheba]

Great advice so far Astrid makes a good point: your working contract is with the BUSINESS not the owner of the business. I hope you are able to work through it all... let us know!

ETA: yep, I meant to say what Linda mentioned: there is a labour shortage... it's very different to 11 years ago... finding another role would be much easier.

[mrscricket]

Thanks so much for all your replies girls. You are all so helpful you make me want to cry! I have rung my boss and requested a meeting - they are trying to find the time, stalling i think - to find out more on why i dont have a position anymore. Our inital conversation was a phone call on Monday to say happy 30th birthday and oh by the way you dont have a job anymore !
It is a small business and we never had employment contracts or anything. When i mentioned that i had given them a letter stating my intention to take 12months maternity leave, they are now saying they never recieved it. Not sure why they wouldn't have mentioned this when i first left and quite stupidly, trustingly I never kept a copy of the letter and had it saved on the work computer, so i'm pretty sure it won't exsist anymore!
I am not sure if it would make a difference that i have asked to come back in a part time role or not? The way i see it is if they don't have a part time position, they certainly don't have room for a full time position. My boss mentioned maybe they could give me Saturday work knowing full well childcare isnt available on weekends and i dont have family close by to help me out. I assume that if i turn this down, then they have made an offer and i have rejected it, so bad luck on my behalf.
I just dont know if this is a battle i want to get into or just write it off as something that has happened, time to move on with life.. As Linda said, i'm not sure if i would want to return after all this .

[Pandora]

ETA: Apologies in advance for information overload - this is an issue I am extremely passionate about.

They have to offer you a comparable position to the one you prevously held, or make you redundant. They cant offer you one day a week if you were full time previously, and then use that as evidence that they tried to obey the law.
I would get legal advice as soon as possible, preferably before your meeting with them.
Also have a look at the Victorian Industrial Relations website and maybe contact someone there to see where you stand - its really important that you know this before you go in to the meeting with them so that they cant pull the wool over your eyes.

Also look at this

Victorian Equal Opportunity and Human Rights Commission
Contact our free and confidential Advice Line: (03) 9281 7100
TOLL FREE (country callers) 1800 134 142
TTY: (03) 9281 7110
Email: information@veohrc.vic.gov.au
Free interpreters are available on request

[mrscricket]

Thanks RayRay - i have submited a email to the Industrial Relations website stating what has happened and they will get back to me. Thanks very much for the link

[Karina]

Em, your boss sounds like a twit!! (no offence or anything) They have to offer you your exact same position back. If you were full time before going on maternity leave then they have to offer full time on your return. It sounds as though they are stuffing you around and trying to make it impossible for you. I hate how these things happen! How can they say they never recieved your maternity leave letter? They obviously didnt recieve a resignation from you, and if they called to tell you what was happening, they were obviously still holding your position at the time! It sounds a bit fishy to me, like they are just trying to palm you off and hope you just go away. They got your letter. Theyre just being stupid.

I have also had some issues: I wanted to return part time, which they agreed to. I confirmed it a number of times, and it was even written on my contract, then they changed their mind at the last minute and told me its full time or nothing, knowing full well I could only do part time.

I found that writing a letter helped. I did some research using the Industrial Relations website, and I called the infoline to confirm what I am entitled to. I wrote about 1.5 pages and I sent it to my manager. I also sent a copy to the HR person at the new company (the one that bought the one I was working for.). I basically explained my situation, gave details of all the conversations I had had with my manager (including dates) and basically told them in a very PC way that they were being really unfair to me. I also wrote the advice given to me by the Workplace Infoline and hinted at the fact that what they were doing borders on unlawful. I got a response pretty quickly My manager gave me a call and he sounded very flustered and nervous (very unlike him) so I think I must have made him actually think about it. I wrote the letter because I didnt want them thinking it was ok to do this to people, in the hope that they wont do it to anyone else in the future.
Maybe you could write a letter. That way you (and they) have everything in writing.