If I have worked for my employer less then 12 months before my due date is my employer supposed to keep my job for me when I get back?? Or are they within their right to terminate my employment once I leave to have bub?
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08-05-2012 06:10 #1
What am I entitled too??
08-05-2012 06:18 #2
No they don't have to keep your job for you. As you are the one going on leave, you would be resigning as opposed to them terminating you.
Some employers will keep them for you though if you are just short so it's worth asking. But they def don't have to.
08-05-2012 06:18 #3Senior Member
- Join Date
- Jan 2010
They only have to keep your job if your there for12 months before going on maternity leave
08-05-2012 06:21 #4
Where I work has refused leave to someone with less than 12 months service before, but has also given it to someone who was a high performer so it's not one size fits all.
I'd have an initial discussion and take it from there.
08-05-2012 06:22 #5
Thanks for all your replies. Baby is due Jan 16th and my 12 months is Feb 20th. Guess I wont hold my breathe.
08-05-2012 06:47 #6
Thanks missie, they also offer 6 weeks paid leave on top of the 18 weeks government but I'm guessing they'll do everything in their power to not have to pay that too.
08-05-2012 06:52 #7
My contract states:
"PAID PARENTAL LEAVE
Under the ****** Policy the Employee is entitled to one six weeks paid parental leave per child after completing a qualifying period of 1 year’s service, this is in addition to the Federal Governments paid maternity leave scheme commencing 1st January 2011."
Guessing they will fight me on what a qualifying period actually is tho? Definitely not expecting much.. but it is a male dominated workplace so wouldn't have many employees even
08-05-2012 06:56 #8
I hear what you are saying about resigning, but if you have to leave work for several months, I am pretty sure that would be seen as a resignation.
The 12 months is based on the EDD in the medical certificate so it doesn't actually matter if bubs is late.
In terms of refusing leave, it might seem unfair, but it is pretty straightforward for employers to provide sound reasons as to why it is unpractical or unreasonable for them to grant leave, the same as with requests for flexible working arrangements.
It is frustrating when employees just miss out but I don't think it's fair for employers to have to hold jobs open for people with less than 12 months service. Having been on the other end as the employer, it's hugely costly and time consuming and sometimes impossible to fill roles on a temp basis (this is specific to my industry and I know won't apply to tons of employers where it is easy to replace people).
OP - good luck anyway. You never know what they might agree to, perhaps even the paid leave! Let us know how you go.
08-05-2012 07:05 #9
Thanks. Im honestly not expecting anything! But hoping if i work my *** off they'll want to keep me and try to keep me happy.. Im only four weeks so will update further along with how I go!
08-05-2012 07:32 #10
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