What are my leave entitlements?

[Shiny95]

Good afternoon
Up until now my boss has been in denial that i would be taking leave in October for the birth of my bub.
He's now looking at his options and i'm concerned that if he puts someone on to cover my work, my hours may be limited when i do return.
What are my bare minimum maternity leave rights? If you've come across other threads or websites that address this, your help would be most appreciated.
Thank you.

[missie_mack]

Hiya
It depends on a few things.....
What state do you live in?
How are you employed? Full time/part time/ casual/ contract
How long have you been employed??
Have you given your notice of intention to take maternity leave in writing??

[SilverStarfish]

That's right, it depends on a lot of factors. But as a general idea, you would probably be entitled to one year of unpaid maternity leave if you have been working for your employer for 12 months.

[Shiny95]

Hey there,

I'm employed in NSW on a full-time basis and have been employed with this employer for over 12 months. I work for a Pty Ltd Company (small business - one director, 2 employees). I'm not on any sort of award wage or employment contract.

We are setting up the PC at home so i can do some work from home, however until the bubs comes along - it's hard to know when i'll be up for starting back and how much i can get done at home.

I have indicated that i would start back in the office after three months (provided i can get day care) 2 days and 1/2 day sat.

If someone is employed to cover the other 2 or 3 days - then i imagine i wouldnt be able to increase my hours if i can do it.

Perhaps i'll just have to cross that bridge when it comes to it and look for another job if i can't increase my hours.

I guess from my bosses point of view, he needs some sought of certainty.

Sorry bit long winded, but bit confused as to what i'm entitled to and what i should be commiting to with my boss.

hmmmm.

[Shebb]

Yes, factors aside, if you work full time for an employee for 12 month or more, you are legally entitled to a maximum of 12 months maternity leave.

However, you need to give them a month's notice in writing of your intention to take 12 months (or however many you choose to take) maternity leave, and then a month before the end of that period, you need to put in writing whether you are going to resume your position, or hand in your resignation.

Your employee is legally bound to offer you work to an equal position as you left (ie same number of hours for the same wages), and can only negotiate if you agree to the changes. They have to leave a position open to you.

[Shebb]

I just found this link - it may be helpful:

http://www.industrialrelations.nsw.gov.au/workandfamily/parents/maternity/default.html

[missie_mack]

Actually in NSW you may be entitled to up to 2 years parental leave and the ability to return to work part time until your child reaches school age (Family Provisions Case set this as of December last year). http://www.industrialrelations.nsw.gov.au/workandfamily/family+provisions+case+2005.html

There are clauses and catches to everything but if in doubt give OIR a call and ask them. You will need to know which award you are employed under and they can assist you.

The most important thing for you to do soon (depending on when in Oct your due) is to put in your intention to take leave in writing to your employer- this is 10 weeks prior in NSW.
It doesnt have to give specifics or documentation you can do this 4 weeks prior to taking the leave should you want to or not sure when you will be going.

[lovebeingamum!]

Just wanted to share my experience, 'cause if it helps only one mum, it's worth my time!!

You MUST make an 'arrangement' with your employer before you leave to have the baby. I thought I was doing the right thing (and also thought my boss was being great) and decided to 'see how it goes'... since we had no 'prior arrangement', I have no leg to stand on now that he has put the 17year old that I trained for maternity relief in my position and hired another junior. :thumbsdown: When he told me he needed me back for three days a week (with a 4 month old), I had no choice but to take that deal... or nothing.

Even though I went in for a couple hours at a time - once a week- since DS was 4 weeks old, 4 months down the track I was jobless with my plans to keep my career going shot to pieces. And I would bet my left leg that he knew what he was doing all along.

[Shiny95]

Thank you for the warning.

That's exactly what i'm afraid of. Whilst my boss is very easy going, it has been pretty much a "see what happens scenario".

Perhaps i'll type up a notification, indicating the level of work i intend to return to and at what point in time. The link Shebb suggested was good, i just need to find the time to contact the OIR and clarify some questions.

I guess i'm finding it hard to comit to something when i don't know how much i can achieve from home with a baby and whether i'll get into one of the day care centres i have my name at.

:banghead:

[lovebeingamum!]

Hey Shiny...
That is a very good idea - to put your intentions in writing... wish I'd thought of that :rolleyes: (ahh, hindsight, where were you 6 months ago?)

I was going through the exact same thought process as you ("I haven't had a baby before, so I don't know what to expect") and that's why I thought the 'take it as it comes' approach would be best. But, at the end of the day, that's a decision you can only really make once you have bub (and congrats, by the way:D ).

I'm sure as long as you give your employer enough notice to find someone else it'll all work out. You dont sound as if you'd just up and leave them in the lurch - you'd stick around til someone was found, maybe a little bit of training... Just make sure the letter is worded the right way that you reserve the right to hand in some sort of notice (I mean, they cant keep you there against your will!:) )

Hope it all works out well for you. :thumbsup:

[lizzymcfizzy]

Just wanted to share my experience, 'cause if it helps only one mum, it's worth my time!!

You MUST make an 'arrangement' with your employer before you leave to have the baby. I thought I was doing the right thing (and also thought my boss was being great) and decided to 'see how it goes'... since we had no 'prior arrangement', I have no leg to stand on now that he has put the 17year old that I trained for maternity relief in my position and hired another junior. :thumbsdown: When he told me he needed me back for three days a week (with a 4 month old), I had no choice but to take that deal... or nothing.

Even though I went in for a couple hours at a time - once a week- since DS was 4 weeks old, 4 months down the track I was jobless with my plans to keep my career going shot to pieces. And I would bet my left leg that he knew what he was doing all along.

OMG, surely that must be illegal?? Even if you didn't notify them in writing. You should check it out with industrial relations.

In the NSW Legisilation it says:

28. My boss said that I am not entitled to maternity leave because I did not apply for it. What should I do?

Your employer should have informed you of your right to take maternity leave and how to apply to take it (see question 25). If your employer did not do this you should write to your employer immediately. You should provide all the information set out in question 12 and say you did not apply earlier because your employer did not tell you how to apply for maternity leave. You will still be entitled to take the leave.

Contact your union or an OIR Industrial Inspector to discuss the situation. If you have already resigned or were dismissed you may be able to make a claim for unfair dismissal (see the List of Contacts and Publications at the end of this booklet).
http://www.industrialrelations.nsw.gov.au/workandfamily/parents/maternity/respon.html

[lovebeingamum!]

OMG, surely that must be illegal?? Even if you didn't notify them in writing. You should check it out with industrial relations.

In the NSW Legisilation it says:

28. My boss said that I am not entitled to maternity leave because I did not apply for it. What should I do?

Your employer should have informed you of your right to take maternity leave and how to apply to take it (see question 25). If your employer did not do this you should write to your employer immediately. You should provide all the information set out in question 12 and say you did not apply earlier because your employer did not tell you how to apply for maternity leave. You will still be entitled to take the leave.

Contact your union or an OIR Industrial Inspector to discuss the situation. If you have already resigned or were dismissed you may be able to make a claim for unfair dismissal (see the List of Contacts and Publications at the end of this booklet).
http://www.industrialrelations.nsw.gov.au/workandfamily/parents/maternity/respon.html

Yeah, I didn't think I'd get shafted like that either!! I even called Industraial Relations here in Qld, and she said that we needed to have a prior arrangement for me to have any right to even take 'the balance' of maternity leave :mad:

And unfortunately once all this had transpired I really didn't feel like I ever wanted to see him again, little alone go back and work for the slimy worm!!:laughing:

Just for the record I'll add that it was a small company and I had been their bookkeeper for over three years - I was in control of all of the companies accounts and payroll and BAS and directors salaries and his other two companies and EVERYTHING... so I really didnt think I was as 'despensible' as i turned out to be....

I just keep telling myself that DS was totally worth it and i'm happy with my role as a sahm... everything happens for a reason, i guess:yes:

[lizzymcfizzy]

Wow! well I'm glad everything worked out for the better. He's lucky you didn't take HIM down, I bet you knew a fair bit about his companies!