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  1. #21
    GrabbyCrabby's Avatar
    GrabbyCrabby is offline She is everything I need, that I never knew I wanted... She is everything I want, that I never knew I needed...
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    It might pay to get in touch with Fair Work, and just clarify with them where you stand.

  2. #22
    Join Date
    Jan 2012
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    Quote Originally Posted by Atropos View Post
    No, I don't think she has to unless you've been there 12 months. You can ask for it but she's not obliged. But she still can't make you resign. Have you discussed mat leave with her? I'm not sure how far along you are, are you able to make it to the 12 months before taking leave? If not, she can let you go and fill your position with someone else (it's gets tricky here) because you will be unable to work, but she can't say that you're fired because you're pregnant. She has to let you work as long as you want to, or fire you. She can't tell you to resign by a certain date iykwim. Resignation is something an employee does, not something a boss tells you to do.
    This is correct. You're not automatically entitled to unpaid parental leave if you haven't been there for 12 months, however she can't force you to resign. If you wanted to work up until the day you have the baby, as long as it is safe (they can request a medical cert to say that you're still able to work), you can.

    However if you're not planning on returning, I'd just give my notice as per my employment contract, finishing up on the day I wanted to finish, not the date she is dictating.

    Regarding the AL, if this is a particularly busy time of year, they're entitled to decline your leave if it is reasonable to do so (I.e. They couldn't say "July is the only quiet month so that's the only time you can take leave"). If you can't take the leave before you finish up, it will be paid out when you leave.

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    Little Miss Sunshine  (30-10-2013)

  4. #23
    Join Date
    Jun 2009
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    Ask her to put her request to you in writing,that would be my first step.

    Then take the request to fair work aust and see what they say.

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    SAgirl  (30-10-2013)

  6. #24
    Join Date
    Jun 2013
    Achievements:Topaz Star - 500 posts
    As has already been said - An employer can deny a request for AL on "reasonable business grounds"

    My question is - is denying a request for AL, under all the same circumstances (bar pregnancy) normal for this business? Would she deny the request if it was the person you're job sharing with if they asked under the same circumstances, again except being pregnant?

    If so it would be considered reasonable as it is usual for the business to have all hands on deck at that time of year. Or other similar business grounds.

    If not - they're being unreasonable thus acting illegally and a call to fair work is a good idea.

    As for the request for your resignation.. Check your contract (if you have one) as she may be trying to get out of severance or termination pay by you resigning rather than having to fire you...

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    Atropos  (30-10-2013)


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