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  1. #621
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    Quote Originally Posted by Amandale1727 View Post
    So I was just reading up on the centrelink paid parental leave and I need some advice.
    I found out I had fallen pregnant just as I started my new job working for the council which I am still at.
    I am on probation still and have told them I am pregnant they said they are happy to keep me on up until my due date but cannot keep my position open due to council policy I will have to resign at that point (I was happy to resume my normal position with normal hours)
    But being council they wouldnt allow it.

    I was reading up on the paid parental leave and it says you have to have a job to go back to to recieve it as it isnt leave its just for that period of time I was planning on looking for a new job in this time but my question is if they are making me resign rather than them writing a letter to state their policy on why they cant keep me will I still be eligble for the payments ? By the sounds of it im thinking I wont in which case I will be making them write a letter for me rather than me resigning and risking loosing the payments iv worked this whole time and before this job I worked full time for 2 years in another job so its not as though I havent been working.

    Gah so frustrating !

    Sent from my SM-G900I using The Bub Hub mobile app
    Hi Amandale - Couple of things about your post ... firstly you said that you were happy to resume your normal position and normal hours but council won't do it - I'm not sure when you were thinking of resuming, but just so you know, if you had intended to resume work fairly quickly after the birth, there is a good argument to say that council should hold the job open for you (I'll explain why in a sec). You would be required to provide a medical certificate if you worked in the 6 weeks prior or post birth - but if your period of absence was relatively short you could say that the council is required under the Victorian Equal Opportunity Act (if you are in VIC? Not all states have legislation like ours on this point) to "reasonably accomodate" family responsibilities - in your case, giving birth, and that a (for example) 2-3 month period of unpaid leave is not unreasonable in the circumstances and therefore they should accomodate your absence. Whether the council would accomodate it after you put that to them will depend on the council, some I know would do it, others wouldn't. However if you were planning to be away for several months e.g. 4-12 months, then very few employers would accomodate that and there isn't really any legislation that you could use to your advantage to try and encourage them.

    As for the government paid parental leave scheme - my understanding is that what is important is that you have worked 10 of the previous 13 months, at least one day a week. Whether you have a job to return to is not important (as it is meant to cover casuals and people in exactly your situation) ... this website has all the information on it ... http://www.humanservices.gov.au/cust...ntal-leave-pay. I am aware of several employers who have their own paid parental leave schemes where you have to return in order to get the money, and there are other centrelink benefits which have different eleigibility rules, but with the standard govt paid parentla leave scheme, having a role to return to shouldn't matter (although I think it can matter when it comes to who gives the govt money to you - i.e. whether you get it from your employer who is reimbursed by the government, or whether you get it direct from the government, but I'm not too clear on that point as I'm not usually required to give advice on the practicalities of payment, just eligibility for parental leave).

    As to why the council won't keep you on their books just so you can get payments - its probably because they are concerned about that giving you rights you wouldn't otherwise have. For example if you are technically on unpaid leave that they approved, at any time you could say ""righto, I'm ready to come back now" and they'd have to either give you a job or terminate you and that creates risks for them. They would rather that you resigned and then they have no risk and don't owe you anything.

    It's rough that you've found yourself in such a tough spot, I'm sure its the last thing you want to be dealing with during what is otherwise such a happy time - but hopefully it actually turns out to be a positive thing and you find something WAY better to go to instead!

    Good luck!

  2. #622
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    Waiting for panadeine forte to kick in. Dislocated rib again

  3. #623
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    Dislocated?! You poor thing Bows! Hope the pain eases quickly!

  4. #624
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    Quote Originally Posted by Bow Ties Are Cool View Post
    Waiting for panadeine forte to kick in. Dislocated rib again
    Ouch!!! How did you do that? Poor thing.

  5. #625
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    I have a lazy vertebrae, which causes my rib to over react and pull up. Having an expanding rib cage has exacerbated the darn thing.
    Pain is furthered from the muscle and the shoulder blade getting bruised from having to ride up and over it, rather than usual.

  6. #626
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    Quote Originally Posted by Vixjc View Post
    Hi Amandale - Couple of things about your post ... firstly you said that you were happy to resume your normal position and normal hours but council won't do it - I'm not sure when you were thinking of resuming, but just so you know, if you had intended to resume work fairly quickly after the birth, there is a good argument to say that council should hold the job open for you (I'll explain why in a sec). You would be required to provide a medical certificate if you worked in the 6 weeks prior or post birth - but if your period of absence was relatively short you could say that the council is required under the Victorian Equal Opportunity Act (if you are in VIC? Not all states have legislation like ours on this point) to "reasonably accomodate" family responsibilities - in your case, giving birth, and that a (for example) 2-3 month period of unpaid leave is not unreasonable in the circumstances and therefore they should accomodate your absence. Whether the council would accomodate it after you put that to them will depend on the council, some I know would do it, others wouldn't. However if you were planning to be away for several months e.g. 4-12 months, then very few employers would accomodate that and there isn't really any legislation that you could use to your advantage to try and encourage them.

    As for the government paid parental leave scheme - my understanding is that what is important is that you have worked 10 of the previous 13 months, at least one day a week. Whether you have a job to return to is not important (as it is meant to cover casuals and people in exactly your situation) ... this website has all the information on it ... http://www.humanservices.gov.au/cust...ntal-leave-pay. I am aware of several employers who have their own paid parental leave schemes where you have to return in order to get the money, and there are other centrelink benefits which have different eleigibility rules, but with the standard govt paid parentla leave scheme, having a role to return to shouldn't matter (although I think it can matter when it comes to who gives the govt money to you - i.e. whether you get it from your employer who is reimbursed by the government, or whether you get it direct from the government, but I'm not too clear on that point as I'm not usually required to give advice on the practicalities of payment, just eligibility for parental leave).

    As to why the council won't keep you on their books just so you can get payments - its probably because they are concerned about that giving you rights you wouldn't otherwise have. For example if you are technically on unpaid leave that they approved, at any time you could say ""righto, I'm ready to come back now" and they'd have to either give you a job or terminate you and that creates risks for them. They would rather that you resigned and then they have no risk and don't owe you anything.

    It's rough that you've found yourself in such a tough spot, I'm sure its the last thing you want to be dealing with during what is otherwise such a happy time - but hopefully it actually turns out to be a positive thing and you find something WAY better to go to instead!

    Good luck!
    Thanks so much for the advice

    I live in nsw I believe the laws may be a little different unfortunatly and I had a meeting with HR at work when I was about 13 weeks pregnant this is when I said I was more than happy to come back after 3-4 months maternity leave full time. They told me due to council policy they cant keep my position open for me and that I will have to resign when the time comes, I will be asking them to put this in writing.


    At the time I was sad and stressed because I really wanted a job to go back to but after the discrimnation iv recieved when I am trying my absoluate hardest im now happy with the decision to not go back even if it was made for me but apart from bub finances are my number one priority meaning I would have gone back if I had to and if they were willing to keep my job open.

    Anyway as long as I can get the 18 weeks from centrelink I am happy with that I also plan to do more study and look for more work.

    Its been very stressful given that I am still on probation so I dont have the same entitlements or stability but I guess everything happens for a reason.



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  7. #627
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    Quote Originally Posted by Bow Ties Are Cool View Post
    Waiting for panadeine forte to kick in. Dislocated rib again
    Oh no how did that happen ? !

    Sent from my SM-G900I using The Bub Hub mobile app

  8. #628
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    Quote Originally Posted by Bow Ties Are Cool View Post
    I have a lazy vertebrae, which causes my rib to over react and pull up. Having an expanding rib cage has exacerbated the darn thing.
    Pain is furthered from the muscle and the shoulder blade getting bruised from having to ride up and over it, rather than usual.
    Sorry I can see you have explained here and I just asked.

    Thats terrible !!! I hope it starts to feel better take it easy

    Sent from my SM-G900I using The Bub Hub mobile app

  9. #629
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    Quote Originally Posted by Bow Ties Are Cool View Post
    Waiting for panadeine forte to kick in. Dislocated rib again
    Gosh Bow! Hope the pain meds kicked in quickly.

  10. #630
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    Thanks lovelies!
    Pain meds are helping. Will see how I am tomorrow as to whether I will call in an emergent appt with the chiro.
    I think DH got it back in, as my sternum isn't so sore now, but will know better in the morning.


 

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