Nasty Boss

[adasmum]

I am due to head back to work:( in March. I have heard from my colleagues that my manager is trying to re-write my job description and has told the staff that he doesn't have to give me the same role back and that if I choose to go back to early I can't....is that the case? I will meet with him in Feb and would like to be armed with my rights if he tries anything!

[Roxy]

They are right - your employer only has to have a position for you to go back to - and it does not necessarily need to be the same position you were in prior to going on maternity leave.

It's wrong, and it sux, but it's legal (and was prior to Workchoices as well).

[youngones]

I thought that they still had to offer you a position that is at an equivalent level to your previous role, same hours and same pay.

If you're in doubt, worried or concerned when you receive your contract, contact an Industrial Law specialist (even most unions would help you out with info, even if you're not a member). I've consulted a few Industrial Law specialists - verbally and at no cost to myself, unless I was going to take it further. Most are happy to give advice for free, as they're morally opposed to workplace issues like this, so many will help out, even if they aren't obliged to.

With no further info, you're boss sounds like a toad - I'd be checking my marketability and looking for a boost in salary with another employer.

My employer is excellent when it comes to mat leave. They manage it well, even offering graduated return to work, reward people who want to return early by helping them to move into different/more senior roles and are more than tolerant of sick/parental leave, even to the point of allowing leave debt to accumulate.

Good luck, but I hope you find someone who is prepared to pay you what you're worth!

[Rose19]

Young Ones is right, they have to give you a position at an equivalent level to your previous role, same hours and same pay. If they have filled or changed your job that doesn't matter, you are still entitled to your previous hours and pay within the organisation.

I hope you get it sorted out!