Ok fair enough. I have never seen anyone pregnant denied "leave" though but you are correct that this may or may not be "parental leave" (employer discretion). If it is then the conditions of return from parental leave apply.
Firstly just want to say that if you hated your job that much, it's a good thing that you made the decision to leave, as stress while pregnant is not a good thing!
As others have pointed out, your new employer may not allow you to take maternity leave as you will have less than 12 months service. They are not obliged to either as legislation states only employees with 12 months service are eligible for mat leave.
However, if you were to prove yourself as a good employee in the next few months, I would hope that they would want to keep you (personally that's what I'd be encouraging) & might offer you unpaid maternity leave in good faith.
On the other hand, if they let you go as soon as you had the baby, i think that would be pretty coldhearted (i personally couldn't do that to someone). It's more likely they would ask you to return to your position as soon as medically possible or else loose it. In that case you could take annual leave & then leave without pay until you returned. So instead of 12months off, you might be asked to return in a shorter time, maybe 8 weeks or something they think is reasonable.
Either way, there is no guarantee that they will give you your same job back. No idea if thats likely or not, it totally depends on the company, position, industry, job demand etc. Obviously they will have a gap when you leave & will have to make plans to fill the position somehow.
If I was you, I would be holding off telling them as long as practically possible & working my butt off to prove myself in the new job. Then, I'd talk to your manager about your situation & see if you can negotiate something with them. They cannot fire you for being pregnant.
I am in this situation at the moment having just found out I'm pregnant & not entitled to mat leave either as I won't be there 12 months. I have a little bit of financial flexibility in my situation & they are a very kind & generous employer, so I'm going to see if they might like me to come back & do some contractor or casual work.
Also I believe that you will still be able to receive the centrelink ppl if you are no longer employed, as long as you meet the eligibility requirements for receiving it. Centrelink can pay it directly to you.
I hope that helps! Any other questions feel free to ask me
OmgRhi, I forgot you said that you hate your current job! I still think that I would attempt to revoke my resignation and stay in my current job (assuming the pay is the same) but that's just me and my personal decision knowing that I would be foregoing that paid maternity leave and only getting the government PPL. In my job that's 10 weeks full pay that I would be sacrificing to leave a job that I would be taking a long period of leave from in 7 months anyway.
As PP said, there's a possibility they will hold your job for you if you prove yourself valuable but it would be INCREDIBLY rare for them to pay you maternity leave that you're not entitled to in the new job. I've been in payroll for 7 years and I've seen it happen two times.
Sorry to bust in on your post but have a question for Snooze.
I am currently on mat leave and will be returning in April, we hope to have another baby within say 12 months, so that I have been back at work for 10 months to qualify for PPL. Say I do fall pregnant and work for say 11 months, does my employer have to hold my job. I'm know you have to work at a new job for 12 months + for them to hold your position, but what if your returning to an old job. TIA
That's correct what Apple iPhart6 has said.
You can take two consecutive periods of mat leave for different pregnancies, provided your service is longer than 12months. So it's feasible someone could take 2 years mat leave, then have another baby & take another 2 years mat leave, meaning they haven't worked there for 4 years!
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