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  1. #1
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    Default Can work terminate my employment because I want to take maternity leave.

    I started working for a cinema company (you know box office and candy bar) around 14 weeks ago. I was 22 weeks at the time of employment and didn't mention until I got my official letter (cause I didn't want to be discriminated against). But still told them when I was 24weeks, before the laws cut off. I spoke to my manager who was just as excited as his wife was due three weeks before me. He asked how long I planned to take off and I said 4 weeks (I only work 12 hours a week).

    Last week I had some devastating news that my amniotic fluid is dangerously low and as soon as I hit 37 weeks I'm getting induced (to go along with my already very low placenta). So on Monday I'm getting induced. My manager isn't in until Saturday and tomorrow is my last shift before induction. My supervisor insisted I discuss the matter with her. Even though she scares the living daylights out of me.

    I told her I was being induced and having a c-section on monday and needed to start maternity leave early. She said it's only one week leave thats fine. And I said actually not it was four (which she down right refuses to believe) and now I was thinking of taking a little longer since I need time to heal and I don't know how a premature four week old will go without his mom for eight hours at a time. She said how long are you after and I said 8 weeks, she's said 'fine, reapply next year'. (now I understand theres a rule that if you take more then six weeks off you loose your position. everyone is in either high school or uni, not me, but everyone else. In fact I'm the oldest employee. Even over my supervisors, my manager is the only person older than me. Everyone is casual and they have a huge staff turn over. In my 14 weeks, they have since hired twice more around 7 people at a time). But I'm assuming pregnancy is different? They can't legally fire me because I want maternity leave. She said because Christmas is a high demand they will have to hire someone to fill my position whom they can't just fire after 8 weeks. But they hire people that often and go through staff that quickly, I just don't see how she can prove that?

    Are there any people with legal minds out there who can help. I know being there less than 12 months is not working on my side at all.

  2. #2
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    Im not sure on the legalities-I'd ring fair work and ask them.

    I didn't think you were legally allowed back before 6 weeks though? I may have that wrong though.

    Definatly call fair work!!

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    Default Can work terminate my employment because I want to take maternity leave.

    I believe your rights to maternity leave vary markedly between the length of time you have been there (only 14 weeks) and when you hit the one year mark with a company. Having said that, you should be eligible for a medical certificate post-cesarean which would enable you to sick leave from work (even if unpaid) for several weeks and no one can dismiss you for having a medical reason to take time off work.

    I would speak to your hospital or GP or OB and ask what length of medical certificate they will give you. Then maybe say to your employer that you won't be taking any maternity leave, but you will not be allowed to work for medical reasons for X weeks. This they shouldn't be able to refuse.

    I would think that 4 weeks would be too soon to return to work after the surgery. Are you planning on breast feeding? Working an 8 hour shift you would need to express while at work to maintain your supply.

    (Also, not too relevant, and I'm not entirely aware of your medical situation, but 37 weeks isn't classified as prem, you'll have made it to term, congratulations)

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    Default Re: Can work terminate my employment because I want to take maternity leave.

    I'm pretty sure they have to hold your position for 12 months... I've always been told that.

    Sent from my GT-I9305 using BubHub

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    Default Can work terminate my employment because I want to take maternity leave.

    "Once you have completed 12 months of continuous service, you can take up to 12 months unpaid maternity leave from your job, which can start any time within six weeks of your baby's due date. This applies to permanent part-time and full-time employees. If you are a casual employee you may be entitled to unpaid leave if you have been with your employer a long time, depending on the laws of your state. If you are not entitled then you still must not be discriminated against and may be able to negotiate some leave without pay.

    You may now also be eligible for the federal government's paid parental leave scheme, which gives you 18 weeks of pay at the national minimum pay"

    http://www.babycenter.com.au/pregnancy/work/

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    Default Can work terminate my employment because I want to take maternity leave.

    Depends on the award or agreement that you are employed under - it varies greatly so you need to find this out. As a casual employee you may also find the rules differ for you than if u were part time or full time.

    I work in HR. and am across most legislation but don't want to offer bad advice. Find out your agreement and rig workchoices for advice - they are great and will talk through it with u.

    Good luck

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    Default Can work terminate my employment because I want to take maternity leave.

    Please don't rely solely on the advice on this thread- as you can see it varies greatly! Some of it is not correct, but I'm sure all of it is well- intentioned.
    Your best bet is to call the Australian Government's Fair Work Infoline on 131394. You may have a number of rights, including rights under anti-discrimination laws.
    Just a comment for the previous poster who mentioned calling 'Workchoices', this does not exist anymore... It was part of the Howard government's Industrial Relations system... It was disbanded some time ago.

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  9. #8
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    I was made redundant when pregnant, but was too far along to get another job. I too felt confused and frustrated. I called a local employment lawyer who have me free advice over the phone - obviously different situation to you, but perhaps do a quick google for employment lawyer and see if any will give you some advice over the phone.
    Good luck

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    Default Can work terminate my employment because I want to take maternity leave.

    I have no advice but cannot imagine having returned to work when DD was 4 or 8 weeks. Please take time to look after yourself and bubs. And I hope you have a good sleeper

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    Default Can work terminate my employment because I want to take maternity leave.

    Quote Originally Posted by Disbride View Post
    I'm pretty sure they have to hold your position for 12 months... I've always been told that.

    Sent from my GT-I9305 using BubHub
    Not if you are a casual and have worked less than 12 months.

    OP, as a casual, they can just not call you for shifts, I don't think they are under any obligation to keep you, and unless they put in writing that you are fired or having a baby, it will be hard to prove. Realistically, you need the time off right on Xmas hols, I can see their point of view. I don't see why they wouldn't keep you on the books until after this time. I'd suggest taking the time to come and speak with your manager as well as calling Fair Work.


 

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