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  1. #1
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    Default Can one engage in another work while on unpaid ML?

    Hi all,

    I was hoping someone could shed some light into this for me.

    I'm preparing for my next lot of ML. My employer is currently going through a massive restructure of the business.
    I do not want to stay with the company based on the future structure of the business. However as I'm a high performer in my job they are not keen to let me go.

    Now that I'm pregnant and going to go on ML for 1-2 years, I'm confident that they will make me redundant.

    That might not happen before 18months into my ML.

    So my question is am I allowed to engage in other paid work while on unpaid ML with my current employer?
    I was thinking of doing some contracting job (I'm a sole trader too).

  2. #2
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    You can legally, but you should check your company policies as there might be some restrictions on the type of work you can do, I.e. You probably wouldn't be allowed to work for or act as a competitor to your current employer.

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    ExcuseMyFrench  (28-11-2014)

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    Quote Originally Posted by JR03 View Post
    You can legally, but you should check your company policies as there might be some restrictions on the type of work you can do, I.e. You probably wouldn't be allowed to work for or act as a competitor to your current employer.
    Thanks @JR03

    I would def not work for any competitor - the industry is dying anyway so not much work there!

    I could not find anything specific in the Fair Work Act. Will try and dig my company policy on Parental Leave.

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    It was specifically against both law firms I worked for policies. It was grounds for automatic termination.

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    ExcuseMyFrench  (28-11-2014)

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    Ok I read my work policy on unpaid parental leave and they don't address the issue as such.

    However the employee has to provide a statutory declaration stating that the employee is the primary care giver of the child/children...

    So if bub were to be in care for 2 days a week would I still be his primary carer?
    My other option was to contract work from home, I have a few options, and work during naps/at night...

    TBH I can't see how work would know about me working if I'm contracting under my own ABN but that's not a risk I'm willing to take 😝

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    Default Can one engage in another work while on unpaid ML?

    It's probably more likely to be in a code of conduct or similar, or your employment contract.

    ETA - yes, as long as you have the majority of care for our child (I.e. Your partner is working), then yes, you're the primary carer.

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    I checked my employment contract and it says under conflict of interest that I must not be engaged directly or indirectly in any other employment, trade, business or profession.

    Does that mean that I would not even allowed to have a SAHM business like selling hats I would knit myself?

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    I would imagine no issues with that!

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    I had a closer look at the conflict of interest policy and def no issue with me doing contract work or even employed work.

    However how much work is too much work for me to still qualify as the primary carer, that is the question!!

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    Quote Originally Posted by ExcuseMyFrench View Post
    I had a closer look at the conflict of interest policy and def no issue with me doing contract work or even employed work.

    However how much work is too much work for me to still qualify as the primary carer, that is the question!!
    I think if your partner looks after the baby more than you do then they would be the primary carer. I worked 4 days a week before this baby and I still regarded myself as the primary carer because hubby works 7 days.


 

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