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Fairyfloss
06-07-2006, 01:11
Hi every one,
I have this nagging though in my mind, and need to know what would you do if you were me. :confused:

I am a shift worker, and was due, to stop doing any shifts at the start of this month, as I am due for my first baby next month. I was allowed to do a different kind of job (less skilled) a 9-5 type of work till almost end of this month, but to do that she would basically demote me cause it was less skilled, so not only I would not be getting my shift penalties, my base rate would be much lower as well, and I had to come in to work every day. The worst part was I would end up on my maternity leave at my demoted lower rate. and I did fear that on my return, I may have to compete against others, to get to the level I am now.

If I remain on shift, according to my roster, I only have 6 night shifts all togther this month (2 of them 12 hours). I would only do 15 shifts all togther, rather than coming everyday. so essentially I am working teh same number of hours. I will get my penalties, and I will retain my level, I know it will be hard, and I will get tired, but I don't think it would be any worse than the option my manger was giving me.

so last week, I gave my manger a medical certificate saying I am fit for shift work, and will now countinue on my shifts till end of the month, the only thing now is that soem of my colleagues have told me I am nutts for wanting to do shift, this late in my pregnanacy.:gloomy:
( I will be on maternity leave for a year, 14 of which is paid, plus my paid annual leave. )

I am really crazy???
am I not being unfair to my unborn baby, by not taking this time off?
Did I do the right thing by sticking up to my manger and retaining my postion??

pookiesossige
06-07-2006, 07:42
The worst part was I would end up on my maternity leave at my demoted lower rate. and I did fear that on my return, I may have to compete against others, to get to the level I am now.

This doesn't sound right. Even if you're not a member of a union, give the most appropriate one (the one that other workmates might be a member of) a call and just ask. They are always happy to answer a querie like this and would let you know if your employer can do this to begin with.

nemosmum
06-07-2006, 07:47
Yeah I agree, They can adjust your working conditions due to your impending birth BUT they can not permenatley demote you OR pay you the lower rate for maternity leave! That just isnt right.

Check with the union:yes:

And to answer your other Q.- alot of people work up till their due dates and are fine, I had a very active job and so gave up work about a month before as I just felt to big to preform my job properly, if you feel capable then go for it.......use sick leave if you really arent feeling well towards the end and take it easy when your not working:thumbsup:

mamachops
06-07-2006, 17:51
I am a shift worker and did my final week of nights when I was 36-37 weeks pregnant. It's a job that requires being on your feet a lot too. Actually I almost preferred the slower night pace.

I would say that if you have medical clearance and feel well enough (and are able to sleep well in the day) then it's worth it for the penalty payments.

I don't know about the other issues, but I'm sure your union could answer that.

And I agree, if you feel yucky, use your sick allowance!

Spewiesmum
06-07-2006, 19:16
With my employer (now former...) I was entitled to"

"a team member position on the same terms (ie rate of pay, pull-time, part-time or casual) which you held immediately before your parental leave commenced.

If your position no longer exists following a period of leave, and there are other positions available for which you are qualified, your manager must make available to you a position of as near to equal pay and status of your former position as is possible."

I dropped my hours from 38 to 30/week prior to commencing leave so I was entitled to 30 hours on my return. My position became obselete but they created a similiar role for me. I also returned on fewer hours (which had to be agreed to by my employer). My hourly rate did not change.

This was through an EBA but I think if you check the anti-discrimination legislation for your state, you will find general information in regards to pregnant women.

Not sure how you'd fair with the new Workplace Reforms though....thank you Mr Howard.

Baby Girl
06-07-2006, 21:43
I would do the same thing you have done. BUT I would also find out exactly what rights you have in relation to being "demoted" due to your pregnancy and what it means for your return to work. I would suss it out with your employer and also with your union or governing body for your industry.

Fairyfloss
08-07-2006, 09:49
Thank you for your advice and support ladies, I feel much better about what I did now, :yes:
I did check demotion bit, before I decided to countinue with my shifts, even though I am not on individual work place agreement, but there was a little fine print, in our collective certified agreement, a loop hole?? that had to do with the timing of the demotion, which is what she used to demote me, and on my return, it would have been up to her discresion as at what level I could work, knowing how unfair, she can be sometimes, I did not want to risk it. I originally thought it was illegal too, but nop, she was playing her cards right, but now I think so did I. :fingerscrossed: