Maternity Leave and Redundancies

[Me1st]

I'm just wondering how someone has coped with being made redundant while on maternity leave??

I work for a private organisation that is always trying to promote a family friendly workplace although I have not seen anything "family friendly" with this company. I'm about to go on maternity leave and was hoping on going for at least 6 months - that's without pay and was planning on coming back at least part time. One of my co-workers went on maternity leave 8 weeks ago and before she went on leave she was verbally guaranteed that she could come back part-time. She is now back at work full-time (after 8 weeks) as she was called back into work saying that she needed to come back as she was needed and it's either full-time or no job, so she's back. The day she came back, management held a meeting where half of us are facing redundancies in October 08. I know that I will be one of them as I was indirectly told that my position is not really required in the company and all of the part-timers were told that they will not have a position either unless they agree to full-time work. I have only been with this company for just over a year which will mean I wouldn't get a great payout and that we have a mortgage of $330k and will have to live on my hubby's income of $34k a year. I know I sound like a whinger as I know that I am better off than a lot of people out there but i'm worried about income and how we can manage to pay our mortgage, bills, feed two kids etc. I have just over a week left of my pregnancy and I'm stressing out over money and I know that it's not good for the baby but it's really hard.

Does anyone know that type of entitlements are available at Centrelink? When I had my first, my husband and I were on a combined income of $70k and we were turned away by Centrelink which was a bit of a shock for us as I thought we were entitled to something. To get benefits do I need a letter from my employer stating that I am on leave without pay?

Any advise would be greatly appreciated.

[missie_mack]

Not sure of your employment conditions but those covered by NSW Industrial Relations Act of 1996 cannot be forced to return to work earlier than they advised by their employer and they cannot be forcably made redundant whilst on maternity/parental leave. If the position they held prior to taking leave is no longer available the employer is responsible for finding something similar with a similar pay rate. Parents are also able to request to return to work part time until the child reaches school age where they are then able to return to their original employment status (normally full time). Parents can also request to take up to 2 years parental leave and the company can only decline this request if they are able to prove that the employee is irreplacable or that it would place extreme hardship on the company.

I would be suggesting you seek further advice from either your state or federal workplace advisor depending on your award/awa or perhaps the appropriate union if you are a member.

[traseal]

https://secure.centrelink.gov.au/RateEstimatorsWeb/publicUserCombinedStart.do

This will give you an idea on what you are entitled to. I know if i quit work i wont be down to much and im earning 31k

Hope this helps

[emma26]

I can relate to a certain degree of what you must be going through.

DH and i have a combined salary of $52,000. When i go on unpaid maternity leave next month we will lose my weekly income, it is'nt much but it does help us to get by and have a little 'entertainment' money. Before i got pregnant DH and i went through our fianances to make sure we could 'afford' having me off work etc etc .... things looked real 'peachy' back then.

DH has just been told that he will be going redundant next year and this is a massive 'blow' for us as DH brings in the main salary. We also have a mortgage and we are trying to figure out what DH will be entitled to from centrelink, as when bub#1 arrives in october all im entitled to from centrelink is $250 f/n as they believe DH earns over the threshold.

As far as your work - it does'nt seem right to me. Missie-mack had some great advice, so i would follow it up. I don't think any employer can make you go back to work so soon after having a baby.

[Jender]

NO employer can "make" you go back any earlier than 12 months but if it is not operationally possible, they do not have to offer you part-time either.

And yes, you can be made redundant while on mat leave provided the reason is entirely operational and nothing to do with the fact that you are on maternity leave.....you also get full entitlements as you are still an employee

[missie_mack]

NO employer can "make" you go back any earlier than 12 months but if it is not operationally possible, they do not have to offer you part-time either.

And yes, you can be made redundant while on mat leave provided the reason is entirely operational and nothing to do with the fact that you are on maternity leave.....you also get full entitlements as you are still an employee

Sorry just to clarify Jender, I was only talking about those on NSW awards.

NSW industrial relations provides information about those on NSW awards and their advice is as follows :)


What additional rights are available for employees under NSW awards?


Employees under NSW State awards may request their employer to allow them:

· additional short paternity leave of up to a total of eight weeks
· to extend their parental leave by a further continuous period of up to 12 months
· to return to work on a part-time basis until their child reaches school age.

An employer may only refuse a request on reasonable grounds related to the effect on their workplace or business.


So while you cannot force an employer to take you as a part time employee upon returning to work they do have to have a good reason to refuse and can be called upon by industrial relations to demonstrate this inability or hardship



Can an employee be asked to interrupt their parental leave to return to work temporarily?


An employee may interrupt parental leave to return on a full-time, part-time or casual basis if asked by the employer. The employee can say no to the request........
The agreed period of interruption to parental leave and the agreed working arrangements should be in writing.




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.


Further information is available at www.workandfamily.nsw.gov.au (http://www.workandfamily.nsw.gov.au) if anyone would like more information or confirmation of the quotes listed above :)