What am I going to do??

[Bloom]

Nadine, I might be missing something here but aren't you entitled to 1 year unpaid mat leave by law in Australia????

I'm not sure what kind of work your half day job is in, but is there a HR policy or something that you can refer to?

I reckon your best bet is to talk to the manager and see if you can come to some kinda half way result. See why they want you fulltime and see if you can still achieve the same outcome but not working fulltime. Like, maybe you can negotiate that you could work full time during peak periods but part time 80% of the time... There are lots of permutations. I don't think your company would want to lose a valuable and experienced worker.

But really, I think looking for another role is a good idea - these folks don't sound accomodating!

[Je$$_84]

Your entitlement to parental leave, which includes maternity leave, is set down in either the Industrial Relations Act 1996 (NSW) or the Workplace Relations Act 1996 (Commonwealth). Commonwealth/federal law will apply to you if you are employed by a constitutional corporation. This brochure uses 'company' to describe employers covered by federal law.



Other laws, awards, enterprise agreements and contracts of employment may provide additional entitlements to maternity leave, including paid maternity leave, or may govern your entitlements to maternity leave, for example if you are a NSW or Commonwealth public servant. It is important you ask your employer about workplace policies and arrangements relating to maternity leave and also what options you may have upon returning to work.



Depending on the way your pay is set (by an award for example) you may be entitled to request maternity leave of up to two years, including eight weeks simultaneous leave with your partner around the time of your child's birth, and part-time work until your child goes to school. Your workplace may have other policies about maternity leave, or working on a part-time or flexible basis while you are pregnant or upon returning to work. It is important that you check with your employer or union about additional entitlements which may apply in your workplace. You should contact the NSW Office of Industrial Relations (OIR) on 131 628 to double check what your entitlements may be to leave or part-time work during and after your pregnancy.



A separate brochure Parental Leave is available from the OIR in a number of community languages.



There are three types of parental leave. All provide for a minimum entitlement of unpaid leave.



Maternity leave is unpaid leave taken by a female employee during or after pregnancy. In general, you can take up to 52 weeks of maternity leave. Special maternity leave is taken by a female employee to recover from a terminated pregnancy, when the child is still-born or when the mother is ill because of the pregnancy. Paid sick leave may be taken instead of special maternity leave.



Paternity leave is unpaid leave taken by a male employee in connection with the birth of his child or his spouse's (including de facto spouse's) child. Short paternity leave is for up to one week at the time of the birth of the child or other termination of the pregnancy. Extended/long paternity leave of up to 51 weeks after the birth is for a male employee who is to be the child's primary care giver. Leave referred to in this booklet as paternity leave will be called partner leave in the New South Wales Industrial Relations Act 1996 following the enactment of the Miscellaneous Acts Amendment (Same Sex Relationships) Act 2008. Partner leave may also apply to same sex partners in some circumstances. To find out more about paternity leave please contact the OIR on 131 628 or see the OIR's brochure Parental Leave.

This is NSW so not sure if it varies by state... your entitled to your old position or similar once you return...

What job is an employee entitled to when they return to work after parental leave?

An employee is entitled to return to the position they held immediately before commencing parental leave. If this position no longer exists, the employer must provide the employee with a position as close as possible in status and pay to that of the employee's former position.

[Shanti]

Nadine you are a busy chick aren't you..... I think you should say "see ya later" to that boss and when you've had the baby start looking for another part time job.... you will find one.... advertise.... talk to people... surely you will find something part time that will suit you? Life is too short to be in a job that you hate. Although I understand the $$ is good....

You will be so busy when Ben arrives and with your DD and helping your DH with the shop, you probably dont' need to even be thinking about all this now really, but I know you need to be prepared Hope it all works out for you.....I'm sure it will!

Can you find temp jobs? work from home in a job?

[Nai]

As Jess said, maternity leave is a legislated entitlement through the federal government. So, provided you have been in your position for more than 12 months you are entitled to 12 months unpaid maternity leave and your employer is required to keep your position open for you to return to after that leave. So if you are part time now they must let you return to the same. I would suggest that if they need that role full time they look for someone who can job share with you. I'm sure there are people wanting to work 8-12 to cover the morning shift.

[Heaven]

Hmm....that sounds very unfair. What are the laws like where you are (South Africa is it??). Can they just change your job like that?

[Nadine216]

Ruth, Jess, Nai - I'm in South Africa ... the norm here is three months unpaid mat leave (Makes me think about emigrating ) But thank you for the info

I don't talk to my manager/boss (nice job huh) because he does not talk to me ... He took offence when I pointed out that if he lies to clients, he need to infrom me, so that I don't tell them the truth and they don't flip out at me over the phone. And he just have a *****y personallity that I can't handle. I have to add that he recently had open heart surgery and after that he has been even more of an @ss than usual. Oh yeah, he is an old dude too ... 65 ... stubborn as hell. It's actually time he retire, but that is not going to happen soon.

Big mistake .. but I don't have a contract. I had an arrangement with the girl downstairs (that he agreed to!!) ... she works mornings till 15:00 and I will be there in the afternoons. They won't be changing her times .. only mine, thus my deduction that they want to get rid of me.

We need my income DH is torn and unhappy about it, he wants me home, but we just can't do that. I'm going to say yes ... for now. I told DH that I'll be talking to the girl downstairs to see if she can negotiate for a tad higher salary (if they want me gone, I won't get it, but it's worth a try) I might also try and see if I can't get four month's mat leave (not going to happen) If after three months working full-time and I'm not coping or am unhappy with the set-up, I'll go and find another job ... or hopefully by that time we could afford to let me stay home .... or something pops up when I'm on mat leave and I will then only work my one month notice.

Life is too short to be in a job that you hate.

I know .. I'm going to be misserable .. I already am. BUT we need a roof over our heads and we need food on the table and although we would probably scrape through on only the shop's income ... WHY?? do we need that pressure on us and with ds on the way ... you never know what will happen. He could have complications or something and we would have bills to pay and, and, and (worry wart I am)