Can't return after maternity leave..

**Lucy** · February 15th, 2008, 11:05 AM

One of the things that comes into play here, sadly, is that a lot of women instinctively don't want to appear to be "creating trouble" in standing their ground in relation to their employment rights, especially in relation to maternity.

However, like RayRay, I am pretty passionate about this.

I'll give you an example. Before children I worked for 9 years for a well known Telco. In that time I commenced in NSW, transferred (at their request) to Adelaide, then transferred to Darwin. I maintained continuity of employment through the whole 9 years, and was promoted upwards 5 times (demonstrating I was presumably a valuable member of staff?).

Anyway, then I applied for maternity leave. They attempted to tell me that I was not eligible as my role had changed. WT??!

Because I didn;t want to "cause a fuss", I very nearly accepted this con. I had been dealing with HR (rather than my direct manager.)

On mentioning it to my manager (a male BTW) he was outraged on my behalf, and suggested that I resign and take my long service leave instead. Which I did. THEN the nasty HR department claimed that I was not entitled to my LS leave pay, as I hadn;t been employed for over 10 years. Again, I nearly accepted this. But my boss stepped in and said "Lucy, you have to fight for this. Do not feel like you owe them convenience. To them you are just a number. Fight for this money as it is for you and your new baby." Ummm, good point! Plus I knew that because I was ending my employment in the NT where LSL entitlements kick in at 7 years, I knew I was int he right.

So I went into bat, and it DID get unpleasant, but it was SO SO worth it, for the cash, & for my self respect.

I am waffling a bit, but despite it being a small business, and despite, I am sure, not wanting to "make waves", fight this for you and your family.

I wish you the best of luck.

**Karina** · February 15th, 2008, 01:05 PM

Good on you for standing up to your HR dept, Lucy. I cant believe how dodgy some companies can be, and I'm shocked that a large well known company would try to be so dodgy! Them telling you that you couldnt take maternity leave because your role had changed... when they were who changed your role! and how many people sty in the same role for 9 years! Ridiculous. I wonder how many other people they have tried to do that to.

I do agree with Lucy though.. Even if you dont want to go back now, I'd still fight for it so they wont do it again to someone else. Dont just let them walk on you like this.

I am usually really really shy, so it was a bit thing for me to write my letter to my work. I dont think they saw it coming and in the end I think they had no choice but to offer me something because they knew I was in the right. Good luck.

**Pandora** · February 18th, 2008, 01:39 PM

Let us know how you get on, I am really interesting in the replies you get about the legality of this.

**mrscricket** · February 21st, 2008, 01:45 PM

Well, have just returned from a lunch with my bosses wife in which she once again offered me Saturdays and then when i said I couldn't she said they are just in limbo until the new owners take over, but at the moment there is no work available to me. Me being me, just smiled and nodded like an obedient puppy which is why i am sitting here crying now at how weak I am.

I have decided to write a letter to my boss - just a fairly brief one stating that I wish to know my official position within the company so if I am being made redundant, I can begin to look for other work. I think they are hoping I will go away until the new owners take over - who definiately know nothing about me. Once I have recieved an answer, I guess I can look into it a bit more. I did send an email to one of the links (cant remember which one) but they sent back saying they needed to talk to me in person - which has been imposible with a sick 7month old at the moment! I have decided to write a letter rather than see my boss in person as he can be very difficult to deal with and me being quite shy and super emotional about all of this just can't deal with it all!

**Pandora** · February 21st, 2008, 01:48 PM

will they talk to you over the phone or only face to face? Mmm I would have thought they could talk on the phone.

Good luck with the letter.

**Bathsheba** · February 21st, 2008, 01:50 PM

Oh darl

try to be strong! Maybe ring that place that said they needed to speak to you in person (I'd say they meant on the phone) when your bubba is napping? I know it's hard... mine always wake up when i'm on the 'phone

C'mon, you can do this!

**mrscricket** · February 21st, 2008, 02:13 PM

Sorry I should have said over the phone. Will try to angle it for the second DS shuts his eyes for his sleep!

**mrscricket** · February 25th, 2008, 07:00 AM

Well, i got the reply email this morning stating that my position is available full time and I can only return part time if there is something available. It just all sounds so weird but i know why he has done that. My email to him said that if my position is no longer available i would require a seperation certificate - lightbulb goes off in his brain, knowing that he would have to give a redundancy payout and there is no way i would return full time.

I have just gotten to the point where I don't want to return, and i just cant fight it. I cry everytime I think about it. I always knew he was an a**e and could be horrible, but he had never done it to me. I know that if i return part time, he would also make it very difficult in that he would said i had to work the days i have nominated that it is very difficult to get childcare. I am going to send my resume out to some other places - which I will be doing a post about because i need some help with the wording. Thanks for all your help girls - i know you might think i am being weak and wrong, but i just can't cope with it all. Thanks again for all of your help and advice

**Pandora** · February 25th, 2008, 07:19 AM

Hi em,

No one thinks you are being weak or wrong hun. You'll dowhat it the right/best thing for your family.

Unfortuntaly the reply that he has given you (assuming you were full time before you went on maternity leave) is right, he is only obligated to offer you the job back that you had before you went on ML.

By the sounds of it they are the ones who are going to be losing out here, not you, and he is not a very pleasant person to work for/with.

Good luck with finding something abit more family friendly

**Karina** · February 25th, 2008, 01:10 PM

Good luck Em.

You are definately not being weak. It is a difficult situation to be in, and it is understandable that you might feel uncomfortable about going back now after the trouble you have had with them. Unfortunately they do only have to offer you the same job back, however you do have the right to ask for part time work.. but then its up to them whether or not they will allow it.

Anyhow, its their loss, not yours! You have done what you can and it is them who are not willing to be flexible and help you out. If it were me, I wouldnt resign. Just wait for them to make you redundant and send you a seperation certificate.

**Bathsheba** · February 25th, 2008, 01:50 PM

I agree, you're not weak,

you're just human and a vulnerable one at that! I agree with Karina, do you think you could accept the current offer and just cling onto until they give you a redundancy payout or until the new owner takes over?

**mrscricket** · February 25th, 2008, 02:17 PM

I just can't bring myself to go back full time. They are long days, 9.00am to 6pm and I just can't be away from my little man for that long. If he was a little older - say at the walking talking stage, I probably could do it for a few months but at the moment i just wouldn't feel right right leaving him in childcare for those hours. I don't have any family close by so its not even like I could leave him with mum. I also feel like I just don't want anything to do with my work now - I have done alot for them over the years - such as working while very heavily pregnant until 7pm while they took a holiday etc - and now i just feel like they really took advantage of me. Thanks again for your replies girls. I really really appreciate everything you have done for me, including sending links and giving me encouragement.

**Bathsheba** · February 25th, 2008, 02:23 PM

I understand

Y'know I really wish there could be a "name and shame" public site for employers like that! But I think things will change... gone are the days of unemployment... soon employers will learn that if they mistreat their workers then the workers will just up and leave knowing that there is a labour shortage!

**Smoke Jaguar** · February 25th, 2008, 02:34 PM

Em, I'm so sorry this has happened to you

It sounds like they are trying to get your salary off the bottom line, for the benefit of the new owners.
Do you know who the new owners are? Not that it matters, like the others have said.
If it eventuates that you don't go back to work there, then there is something you can take away from it - you will stand up for yourself better in your next position...

**Lucy** · February 26th, 2008, 05:26 AM

Em, this sucks, it really does. I know what an energy drain & a worry this is.

I wouldnt resign. Just wait for them to make you redundant and send you a seperation certificate.

I know the thought of that most likely leaves a nasty taste in your mouth, but this would be what I would do.

If not, very best of luck finding somwthing suitable part time.

**mrscricket** · March 13th, 2008, 09:24 AM

Not sure if anyone is still subscribed to this thread but thought i would give you an update!

My old work contacted me and offered me work two days a week. I decided to accept it although i felt really funny about it. Had DS booked into childcare and ready to start back there next Tuesday. Until... yesterday I was offered another job at a different place working a 3 day fortnight for lovely lovely people who are extremly family friendly. So, i resigned from my old job this morning and start my new one after Easter!! Thanks so much for all your help girls!