Maternity leave question.

**Floweryfields** · February 21st, 2013, 06:13 PM

Can you work for another employer if you are on maternity leave from a business? After the paid parental is over, but before you return from the 12mths mat leave from previous employer.
And if you have been working, is previous employer still required to give you your old job back.

**LimeSlice** · February 21st, 2013, 06:21 PM

Yes; and I can't see why not. It is none of your employers business what you do whilst on maternity leave. If they made an agreement to give you your position back, then they need to offer it back to you.

**Floweryfields** · February 21st, 2013, 06:35 PM

OK, so it's reasonable to expect to return to the position you were working. What if you want to work less hours and different shifts to what you were doing when you left?

**AlligatorsMum** · February 21st, 2013, 06:38 PM

I think it's the same exact job u left u are entitled back. If u want changes ur employer has the right to say no

**Joeve** · February 21st, 2013, 07:12 PM

Check your parental leave policy as most employers wont let you work somewhere else. Or will ask that you seek approval.
In terms of return they have to offer you the same or equivalent role in terms of hours responsibility and pay, but not necessarily the exact same role. Hope that helps a bit

**Floweryfields** · February 21st, 2013, 07:20 PM

Check your parental leave policy as most employers wont let you work somewhere else. Or will ask that you seek approval.
In terms of return they have to offer you the same or equivalent role in terms of hours responsibility and pay, but not necessarily the exact same role. Hope that helps a bit

But what if I want to work less than my current role - do they have to allow that?

**Now we're 3** · February 21st, 2013, 07:43 PM

My understanding, but I am not certain of the legal position around itso don't quote me, is that if you request to return part time when you return to work that your employer has to present a business case for why part time isn't possible. If they are unable to do so I believe they are obliged within reason to agree to a part time arrangement. I think this is why so many people (mainly mothers) are able to return to work part time after having a child. I think this is legislation rather than what your individual parental leave policy is.

**chody47** · February 21st, 2013, 07:47 PM

You'd have to check with your employer if you're allowed to work for someone else whilst on leave. My employer doesn't allow this without specific permission.

**Mrs Mac** · February 21st, 2013, 07:48 PM

My company makes you sign a stat dec saying you will not work for anther employer while on maternity leave so I guess it's an individual business thing.

**Frangipani Lou** · February 21st, 2013, 09:21 PM

My employers the same as Mrs Mac. I had to sign a stat dec saying that I won't earn any money while on mat leave. I am employed full time and its my understanding that if I decide I only want to work part time, I tell them the amount of hours and they are required to find a position for me.
I'd check with the LHMU or AEU Ausgirl, depending on which award/ agreement you come under. Just be aware that the Early Childhood Agreement is currently being renegotiated and won't be released till April.

**Joeve** · February 22nd, 2013, 12:46 AM

But what if I want to work less than my current role - do they have to allow that?

No they don't have to. However legislation came in a couple of years back around flexible work arrangements. Again it's case by case but they need to provide you with a good reason not to allow you more flexible arrangements (most use client commitments as a good reason not sure what kind of work you do.)
Check to see if they have a flexible work policy they probably should and if you ask and they say no- and it only applies to carer of younger than school age children you can speak to fair work Australia.

**peanutter** · February 22nd, 2013, 05:29 AM

I don't think you're generally able to work elsewhere during your leave. Your employer is required to keep your job available for 12 months because you're caring full time for your new baby, and that first year of parental care is seen as a priority and a valuable thing by "the people". It's not just unpaid leave where you can go and do what you like. And your employer obviously doesn't have to give you unpaid leave as a matter of course for you to do as you please, or to go work for somewhere else. Unpaid maternity leave is a statute protected allowance to dedicate a year to your baby.

That's how it was explained to us when DH was considering getting some night filling work to help make ends meet.

Give the ombudsman a bell if you need clarification.

And re flexible hours, yeah they don't have to but it's encouraged for them to have a good to at making it work. I think you're in one of the better industries for that working out.

**Floweryfields** · February 22nd, 2013, 06:41 AM

Unfortunately it's not me that's pregnant! Asking for a friend. She has been working part time for the last 6 months and doesn't like the job and wants to go back to her original. Her mat leave runs out sometime in March or April. But she only wants to do a few hours a day and only 1 or 2 days per week at the original job and not on the rotating shifts she was doing. I wasn't sure what she was asking was really doable but thought someone here might know more.
As an employer, I have had several take maternity leave but choose to stay home rather than return to work, so I have no experience on that end.