Unpaid maternity leave question

[Pixie83]

Hi all just wondering if anyone's come across this before? My boss told me today that the unpaid leave I've taken so far, and in the future, (cause I'm completely out of any paid leave!) relating to my pregnancy will come off my 12 months unpaid maternity leave when I start that next year....apparently it's called "special maternity leave" ??

Does anyone know anything about this? Work doesn't know yet that I'm not planning on coming back, but I was counting on that extra 12 months to add to my long service leave....so don't want it to be too severely cut!! I have had a lot of time off due to being really sick.... :(

[baby please]

Pfft they cant do that to you, maternity leave is for when u have bubs, not before and sick, Think he just trying to bluff you there

[RmumR]

um dont think they can actually do that.
ask for a copy of the 'special' policy in writing and i think they'll find it hard to find.

if you have no sick leave left or annual leave than any leave before your official maternity leave (the start date you decide on and inform them of) should be taken as unpaid leave

[CupidsVictim]

Pretty sure they can't do that as I think the 'special maternity leave' is continuous leave taken prior to 36 weeks.... Not sporadic (it's like that at my work anyway)

You may also want to check, unpaid leave taken for maternity leave generally doesn't get added to your years of service for long service leave.

[Pixie83]

I found a bit on it when I googled, it's part of the fair work act apparently...but I really wasn't sure.

Also at my work unpaid maternity leave is included in your time worked and goes towards long service...

Thanks for the replies so far :)

[mummykitty]

Are you a member of your union? They should be able to help :)

[Pixie83]

Are you a member of your union? They should be able to help :)

I don't even know if we have one....how would I find out? I work for a private consultancy... :confused:

[mummykitty]

Maybe try googling it? What do you consult for? Perhaps ring fair work people they'd know :)

[Pixie83]

I'm a zoologist, work for an environmental consultant.... Will have a go googling. Thanks :)

[MrsPuMp]

My work procedure says any continuous time taken off prior to the birth due to preg related medical conditions where you are unfit for work will be classed as special maternity leave. So if u have taken days here and there coz of morning sickness I dnt think they can count that as special mat leave. Ask to c the procedure.

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[Pixie83]

An update: Just had a call from the fairwork ombudsman in reply to an email i sent, what my boss said about "special maternity leave" to dock my 12 months unpaid maternity leave is incorrect - it's not something work can force me to do, does not cover appointments, does not cover sporadic sickness.... Now just have to figure out how to tell him where he can stick it!!!!

[missie_mack]

An update: Just had a call from the fairwork ombudsman in reply to an email i sent, what my boss said about "special maternity leave" to dock my 12 months unpaid maternity leave is incorrect - it's not something work can force me to do, does not cover appointments, does not cover sporadic sickness.... Now just have to figure out how to tell him where he can stick it!!!!

I was just going to tell you the same thing. When you make your application in writing to go on leave make sure you use the words 'parental leave' and advise him you will be back 12 months after you intend to leave. Then if he says you cannot have that amount of leave because you took x,y and z whilst on leave (and make sure you get it in writing ;) ) Just write back and advise that you have seeked clarification from Fairwork relating to 'special maternity leave' and it does not have an affect or reduce the entitlement to parental leave (whether paid or unpaid) But don't rush in, wait until you need to supply the letter which is about 10 weeks before you intend to go on leave.
As for support Unions Australia are able to help you with which union to join :yes:

[Missbehaving]

Can you still take holidays allowance you have left over before the start of your maternity leave? I was hoping to add 5 days I have left this year to the start of my maternity leave so I’d be off for 12 months and 1 week but my HR told me my holiday would be included in 12 months????? That doesn’t make any sense… Does it mean I basically loose my days off?!

[kw123]

Can you still take holidays allowance you have left over before the start of your maternity leave? I was hoping to add 5 days I have left this year to the start of my maternity leave so I’d be off for 12 months and 1 week but my HR told me my holiday would be included in 12 months????? That doesn’t make any sense… Does it mean I basically loose my days off?!

No you don't lose your days off but the total amount of time off an employer has to give you is 12 months including any annual or LSL. It just means you can increase the number of weeks/days you receive pay for, rather than unpaid. If they didn't do this, some people could be off for close to 18 months if they had LSL as well as a large leave balance, for example.