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  1. #1
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    Default What am I entitled too??

    If I have worked for my employer less then 12 months before my due date is my employer supposed to keep my job for me when I get back?? Or are they within their right to terminate my employment once I leave to have bub?

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    No they don't have to keep your job for you. As you are the one going on leave, you would be resigning as opposed to them terminating you.

    Some employers will keep them for you though if you are just short so it's worth asking. But they def don't have to.

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    They only have to keep your job if your there for12 months before going on maternity leave

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    Quote Originally Posted by missie_mack View Post
    Ahh this is one of these interesting catches in law- under workplace laws they are only required to give you leave if you have been there 12 months when you go on leave. However, if they terminate your employment because of the baby they are discriminating against you based on sex. Most of the time in my experience something inbetween is negotiated to suit everyones needs



    Source Human Rights Commission- Pregnancy Guidelines
    This is actually an interesting point! They would look at the actual employer though as well. I don't think they would expect a small business owner, for example, to offer unpaid leave but they might expect a large firm to.

    Where I work has refused leave to someone with less than 12 months service before, but has also given it to someone who was a high performer so it's not one size fits all.

    I'd have an initial discussion and take it from there.

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    Thanks for all your replies. Baby is due Jan 16th and my 12 months is Feb 20th. Guess I wont hold my breathe.

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    Thanks missie, they also offer 6 weeks paid leave on top of the 18 weeks government but I'm guessing they'll do everything in their power to not have to pay that too.

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    My contract states:

    "PAID PARENTAL LEAVE
    Under the ****** Policy the Employee is entitled to one six weeks paid parental leave per child after completing a qualifying period of 1 year’s service, this is in addition to the Federal Governments paid maternity leave scheme commencing 1st January 2011."

    Guessing they will fight me on what a qualifying period actually is tho? Definitely not expecting much.. but it is a male dominated workplace so wouldn't have many employees even
    using this.

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    I hear what you are saying about resigning, but if you have to leave work for several months, I am pretty sure that would be seen as a resignation.

    The 12 months is based on the EDD in the medical certificate so it doesn't actually matter if bubs is late.

    In terms of refusing leave, it might seem unfair, but it is pretty straightforward for employers to provide sound reasons as to why it is unpractical or unreasonable for them to grant leave, the same as with requests for flexible working arrangements.

    It is frustrating when employees just miss out but I don't think it's fair for employers to have to hold jobs open for people with less than 12 months service. Having been on the other end as the employer, it's hugely costly and time consuming and sometimes impossible to fill roles on a temp basis (this is specific to my industry and I know won't apply to tons of employers where it is easy to replace people).

    OP - good luck anyway. You never know what they might agree to, perhaps even the paid leave! Let us know how you go.

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    Thanks. Im honestly not expecting anything! But hoping if i work my *** off they'll want to keep me and try to keep me happy.. Im only four weeks so will update further along with how I go!

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    Quote Originally Posted by missie_mack View Post
    Interesting that is the way it works in your workplace because it definately isn't the way it works in mine. I have heard this type of discussion (re service) on termination pay outs and the like. It has always fallen in favour of the employee. So it would be interesting to see how your position would stand up if it was challenged.
    Are you talking about my first para on resignation via termination?


 

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