They've Hired Someone Else . . . .

[Trix]

I'm just a little worried and confused.

I'm currently working full time, 40 hours per week, 5 days per week, and all the usual sick leave and annual leave entitlements.

I'm due to start maternity leave mid February and have told my work (as it is my first baby), i'm unsure of my circumstances and what I may or may not want to do afterwards, so would prefer not to have to make a decision yet. However it would definitely be a part-time basis to begin with around the 6-8 month mark.

Anyway, they were happy with that and decided to start looking for a replacement early (incase it is a long process) and have a 1-2 month overlap for training (a long time I know, but they want to be ultra careful).

I did the interviews with the director and we have appointed someone already who will start in December. (2 1/2 months overlap!!).

He told her in the interview that even though it is a 12 month contract, there is a high probability that there will be a full-time position available at the end depending on my circumstances and workloads but there will be shuffling around.

Anyway, they sent out a letter of offer for her to sign, and not once in this letter of offer is it mentioned that this is a 12 month contract!!! They have pretty much offered her a permanent job!! MY JOB!!!!!!!!

My boss keeps telling me not to worry, there will be room when i decide to come back, things will be shuffled around and they will look after me. But what if i want MY JOB back??? Don't I have a right for my position to be on hold for me for 12 months??????!!!!! Shouldn't she be the one who is "shuffled around" when I come back???????

I don't understand the system and don't know my rights. I'm very upset at the moment, and am almost just thinking of forgetting the whole thing and just leaving and finding a job closer to home after baby is born anyway!!

[dee dee]

Although I'm not 100% sure so don't quote me on this, but isn't it illegal to permanently replace you? I think that legally you have every right to expect your old job back when you return from leave.

[Trix]

That is what I thought, but i'm not 100% sure either. Her letter of offer stated my job title and did not mention anything in there about the job structure changing after 12 months or anything like what was mentioned in the interview.

I thought everything should have been in writing so it is clear!

I'm thinking of talking to one of the managers about this before I go to my boss direct. I've already spoken to him about it before we started interviewing and he kept saying "don't worry, we'll look after you". When I'd say to him "what does that mean?" he'd just say "look, we need to cover the worst case scenario, that you may not be coming back, but if you do, then great, we'll sort it out then too".

He makes me soooooo mad!!!!!

[JenNT]

Maternity leave rights



Industrial relations act states that women have a right to maternity leave. If you have been you're your employer for over a year and are not a casual you are entitled to unpaid maternity leave of up to a year.

This includes six weeks compulsory leave (which may be paid or unpaid depending on where you work) after the birth.
The Act also provides paternal leave, including paternity leave, and adoption leave.

Most state and federal awards provide maternity leave rights along these lines. They may also include parental leave provisions, including a parent's entitlement to work part time up to the child's second birthday. Your ability to work part time was considerably extended by the Carers Leave Test Case Decision 1995. This decision also allows you to use up to five days of your leave entitlements every year to care for ill family members.


How to apply for maternity leave

Check with your union or employer as thee rules can vary. In general, there are some set time periods for applying for leave, for providing a doctors certificate showing expected date of return, and also for giving notice of return to work. The leave arrangements can be changed any number of times if both you and your employer agree. Otherwise, you have the right to extend your leave once, up to a maximum of 52 weeks.

Upon returning to work you are entitled to the same job you held before going on leave. If you have been transferred to another safer job, you have the right to return to the job you held before the transfer. If the job no longer exists, you are entitled to a job similar in pay and status.

[wattle]

Please follow it up.. It totally sucks that bosses do this.

I had an offer of employment that was retracted as soon as my boss found out I was pregnant! I couldn't believe it and went to higher authorities. They said I could take it to court but I couldn't be bothered, so I retired and gave all my energy to my pregnancy instead.

Boy was I ****ed off though.

[Mum2Tyla]

Hi,
I am blessed to have the most wonderful boss in the world, the technicality they get you on is that they do have to hold your position for a year but if you are unable to come back to that exact position and there is nothing else available in the company then they don't have to give your position back and the truth most mum's don't want to or are unable to come back and work a standard 40 hr week. But in th e same token the girl who has taken my position has it written in her contract that this is only a 12 month position and it wil be revised after 12 months depending on what I want to do or earlier if i choose to come back, i would'nt stress too much about, once the baby comes I am sure work will bw the last thing on your mind.
Kelly

[Trix]

Thanks JenT & Wattle,

The office manager is going to help me, she's totally on my side and knows what the boss is like.

She said she hasn't posted the letter of offer yet! Phew!!! Therefore she is going to advise one of the directors that it should state in the letter that its a 12 month maternity leave contract and a clause should be in there stating that if this role is to become permanent it is subject to restructuring (so that gives me the option to choose which part i want to do part-time).

She's a lovely lady. I've worked here almost 6 years, you'd think i'd get a little more respect from the beginning. I feel like i'm having to fight for it. I think its more my boss is too relaxed and keeps saying "it will all be alright, it will work out!!" and he keeps thinking worse case scenario.

Hopefully they agree to add these clauses in!!

[Trix]

Thanks Kelly,

yes i too have thought once the baby is born it will be the last thing on my mind. But it'd be nice to have some stability and know what my options are if I want or need to come back.

You're lucky you have a great boss. I think the problem with mine here is, we are small company and its only about 6 years old anyway, i've worked here from the beginning, therefore they've never had to do deal with a maternity leave issue before.

Lucky me!!

[aardvark]

Usually the maternity relief positions actually state"(maternity relief)" at the end of the job title.

I'd be jumping up and down up front.

Someone I know had something similar happen to her, and when she returned from maternity leave, she was retrenched, but had to work 10 weeks to get the retrenchment package. She was in a Marketing role previously, but ended up doing filing for 10 weeks.

[carls]

Trix - nip this one in the bud STRAIGHT AWAY. Ask for the letter to be re-written or ask for a letter for yourself stating that you will have YOUR job when you return. This is what you are entitled to.

IMO your boss has made it pretty clear that he's given your job away or there wouldnt be the need to 'shuffle around'. I did temping for a maternity leave contract and it was very specific that it was for 12 months.

Get something in writing and get it soon!!!