+ Reply to Thread
Results 1 to 8 of 8
  1. #1
    Join Date
    Aug 2012
    Posts
    115
    Thanks
    24
    Thanked
    16
    Reviews
    0

    Default Returning to work from mat leave

    Hi All

    I just need some advice. I went into work last week to catch up with my boss and to discuss my options in returning to work. I work in a very busy full on job where it definitely isn't 9-5 but I used to work from home after hours if i needed to. I think I've shown loyalty and the ability to work from home. My mat leave replacement came from our head office overseas on a 2 year visa and is single. I got the feeling that my boss is hoping that I won't come back so that my replacement can stay for the second year of her visa. He kept saying to me that my job is busier than it was previously even though I've heard from work friends that my cover rarely stays late in the office.

    I've requested that I work 7.30-3.30 two days a week rather than 9.00-5.00 so that I can spend some quality time with my DD during the week but I'm yet to hear back. I also offered to work out of Office hours from home to accommodate my work load. Do you think they may have grounds to decline my change in work hours? I just get the feeling they don't want me to come back and are just trying to make it hard for me. I had a very difficult pregnancy and they had very little tolerance or understanding for it. Our work relationship deteriorated and they put me on mat leave early with full pay until my original start date. It's a great job where they used to love me but as soon as I got pregnant they just wanted me gone. They've been very careful what they have said so I wouldn't call it discrimination but they are just trying to make it hard for me to return. I'm not due back until 1 Sept but they asked me to cover my cover when she goes home for 3 1/2 weeks in July. My attitude is I may as well go back full time and she doesn't come back but they don't see it that way. It's becoming a little awkward so much so I'm starting to feel uncomfortable about returning even though I loved my job.

    Sorry for the long post. TIA

  2. #2
    Join Date
    Feb 2010
    Location
    Melbourne
    Posts
    745
    Thanks
    238
    Thanked
    245
    Reviews
    0
    Achievements:Topaz Star - 500 posts
    I was in a very similar situation. Correct me if I'm wrong but I don't think they are legally required to fulfil your request to change your job to a part-time one if you previously worked full-time? In my case they didn't... so I was effectively forced to resign unfortunately. Later on once my replacement left altogether I ended up going back on a part-time contract for a few months (before they found someone else to work full-time!)

  3. #3
    Join Date
    Jan 2012
    Posts
    7,364
    Thanks
    2,566
    Thanked
    3,782
    Reviews
    7
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 postsAmethyst Star - 5,000 posts
    You have the right to return to work earlier then originally planned, you just have to give them 4 weeks notice, so if you wanted to return in July, you can. It should have been written in your replacements contract that her contract could end sooner than your initial date because that's the nature of parental leave contracts.

    Regarding the change in work hours, is there any reason you need to be there from 9-5, e.g. Taking customer calls, supervising a team, covering breaks of other staff? They need to have a genuine business reason for declining your request for flexibility.

    Good Luck with your return and I hope it all goes smoothly for you :-)

    ETA - regarding changing hours, I understood it as 9-5 3 days per week and 7:30 - 3:30 2 days per week. However if you mean cutting down to only work 2 days, they'll probably be a lot less likely to approve it, especially as you said it was previously a very busy role.
    Last edited by JR03; 12-06-2013 at 13:37.

  4. #4
    Join Date
    Aug 2012
    Posts
    115
    Thanks
    24
    Thanked
    16
    Reviews
    0
    Thanks for your responses.

    Bitterpure I would still be working the same amount of hours I would just doing them in a slightly different way. I would still be working 38 hours a week in the office even though I would probably still do more work at home.

    I've been looking for a job closer to home but I don't really want to leave my job as I really enjoy it. I'm just starting to feel a little disappointed about their attitude.

  5. #5
    Join Date
    Jan 2010
    Posts
    5,554
    Thanks
    1,602
    Thanked
    2,360
    Reviews
    6
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 postsAmethyst Star - 5,000 posts
    My understanding is that they have to consider all reasonable requests for changes in work arrangements and have to have a good reason to decline. It does sound like they don't want to be flexible. Is your role client facing?

    You definitely can return earlier if you want to, they can't refuse.

    I would check out the fair work website or even call for advice if you're really feeling funny about it all. Even if they're not being explicitly unfair to you, they could indirectly be breaking the rules. Intimidating you, excluding you, being unreasonably inflexible - if any of that is going on I'd seek advice.

  6. #6
    Join Date
    Aug 2012
    Posts
    115
    Thanks
    24
    Thanked
    16
    Reviews
    0
    JR03 yes I old still be working 5 days a week just changing my hours slightly 2 days a week.

    I looked on Fair Work website but I thought I would call them if they declined my request. My role isn't client facing. I could forward my phone and handle any issues via email so I don't necessarily need to be in the office all the time but I think they may argue it.

  7. #7
    Join Date
    Feb 2010
    Location
    Melbourne
    Posts
    745
    Thanks
    238
    Thanked
    245
    Reviews
    0
    Achievements:Topaz Star - 500 posts
    Quote Originally Posted by Yardley View Post
    Thanks for your responses.

    Bitterpure I would still be working the same amount of hours I would just doing them in a slightly different way. I would still be working 38 hours a week in the office even though I would probably still do more work at home.

    I've been looking for a job closer to home but I don't really want to leave my job as I really enjoy it. I'm just starting to feel a little disappointed about their attitude.
    Ah sorry, I'm with you now - I totally misread it obviously! What you are asking does not seem unreasonable at all.

    Best of luck, I do hope it all works out for you. I know it's hard to walk away from a job you love and enjoy due to their inability to be flexible, I can relate to that a lot.
    Last edited by bitterpure; 12-06-2013 at 13:55.

  8. #8
    Join Date
    Jul 2011
    Location
    Melbourne
    Posts
    5,005
    Thanks
    1,052
    Thanked
    3,524
    Reviews
    1
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 postsAmethyst Star - 5,000 posts
    Everything has already been said.

    Only thing I would say is that you could suggest the flexible hours on a three month trial period. If it works well, they would have to have good business reasons for not continuing.... Might be worth raising it if they say no initially, as a compromise.

    If they do say no make sure they give you the business reasons in writing, as per the legislation. You can then use that to make a claim if you want to.

    I think you'd have a good case as your request sounds more then reasonable especially as its not client facing.


 

Similar Threads

  1. Govt Paid parental leave and returning to another country
    By chances in forum Maternity Leave
    Replies: 10
    Last Post: 07-06-2016, 02:33
  2. Replies: 5
    Last Post: 17-05-2013, 15:27
  3. Paid Parental Leave - Not returning to work
    By readyforbub in forum Maternity Leave
    Replies: 13
    Last Post: 28-08-2012, 12:48

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
free weekly newsletters | sign up now!
who are these people who write great posts? meet our hubbub authors!
Learn how you can contribute to the hubbub!

reviews
learn how you can become a reviewer!

competitions

forum - chatting now
christmas gift guidesee all Red Stocking
Ro&Co
Share magical moments this Christmas with this gorgeous gingerbread house. Exclusively available in Brisbane, with FREE delivery in Brisbane Metro areas. Each Christmas Centrepiece is unique and made to order, from $240.
sales & new stuffsee all
Bub Hub Sales Listing
HAVING A SALE? Let parents know about it with a Bub Hub Sales listing. Listings are featured on our well trafficked Sales Page + selected randomly to appear on EVERY page
featured supporter
Softmats
Softmats specialises in safe, non-toxic, and durable play mats. The international Premium Dwinguler™ Play Mats and Premium Bubba Mat™ range of floor spaces are the best quality in the world.
gotcha
X

Pregnant for the first-time?

Not sure where to start? We can help!

Our Insider Programs for pregnancy first-timers will lead you step-by-step through the 14 Pregnancy Must Dos!