+ Reply to Thread
Results 1 to 6 of 6
  1. #1
    Join Date
    May 2009
    Posts
    104
    Thanks
    20
    Thanked
    14
    Reviews
    0

    Default Maternity leave for casual workers

    Hi hubbers, just wondering if anyone knows are casual workers legally entitled to 12 months maternity leave? I'm considering having a 3rd baby and work a minimum of 2 days a week but this has now increased to 3 days for the foreseeable future. I don't have a lock in contact saying how many hours I work. If I do have another baby I would love to have my job held for 12 months to go back to. The thing is, even if they are legally bound to give you mat leave couldn't they just dismiss you as a casual anyway?
    Hopefully someone knows and this helps in my decision to have a 3rd baby or not...

    Sent from my GT-I9507 using The Bub Hub mobile app

  2. #2
    Join Date
    Feb 2014
    Location
    Melbourne
    Posts
    862
    Thanks
    242
    Thanked
    590
    Reviews
    0
    Achievements:Topaz Star - 500 posts
    This was on the fairwork website:
    Casual employees
    For casual employees to be eligible for unpaid parental leave they need to have:


    been working for their employer on a regular and systematic basis for at least 12 months
    a reasonable expectation of continuing work with the employer on a regular and systematic basis, had it not been for the birth or adoption of a child.

  3. #3
    Join Date
    May 2009
    Posts
    104
    Thanks
    20
    Thanked
    14
    Reviews
    0
    So that pretty much says they have to give me mat leave but what's to stop them calling me during mat leave and telling me my job is no longer available? Would that be discrimination maybe.

    Sent from my GT-I9507 using The Bub Hub mobile app

  4. #4
    Join Date
    Feb 2014
    Location
    Melbourne
    Posts
    862
    Thanks
    242
    Thanked
    590
    Reviews
    0
    Achievements:Topaz Star - 500 posts
    Yes well there's nothing to stop them doing that I guess, but it sounds like they would have to prove there really was no job available and they couldn't hire someone else to replace you. That's the nature of the beast with casual employment I'm afraid, they could turn around tomorrow and tell you they don't need you anymore, pregnant or not. I'd imagine if they had their wits about them they would be reluctant to get rid of a woman on mat leave simply for the fact it could easily be perceived/argued as discrimination, most employers don't want the hassle of fairwork cases etc. At my workplace our casuals come and go fairly regularly because the work is so inconsistent, so there would be no way to guarantee a woman there would be work for them when they are ready to return from mat leave, but I'm not sure what your industry is like.

  5. #5
    Join Date
    Apr 2010
    Location
    Melbourne
    Posts
    2,030
    Thanks
    355
    Thanked
    836
    Reviews
    2
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 posts
    Could you ask to be made part time and sign a contract before you start trying? That's what I would do. Particularly if you do the same or similar shifts each week, they probably won't have an issue changing your employment status from casual to part time.

    Obviously, don't tell them you're planning on ttc.

  6. #6
    Join Date
    Aug 2013
    Posts
    2,342
    Thanks
    265
    Thanked
    841
    Reviews
    0
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 posts
    I was casual for 2 and a half years before I went on parental leave (through centrelink) I wasn't entitled to anything through my work. I told them when I finished my leave and was able to return to work, they have not called or responded to any calls, texts or emails from me since. I was working 3 hours 5 days a week and had cut down to 4 days later in the pregnancy. They hired other staff and I still haven't got any shifts from them..


 

Similar Threads

  1. Low Paying Casual Job for A Junior - Stick with it or leave?
    By Molly and her Mum in forum General Parenting Tips, Advice & Chat
    Replies: 37
    Last Post: 04-08-2014, 12:19
  2. Sick/Personal leave whilst on maternity leave
    By Maverick66 in forum Maternity Leave
    Replies: 28
    Last Post: 14-05-2014, 14:31
  3. Maternity Leave x 3
    By Strawberry Kisses in forum Maternity Leave
    Replies: 20
    Last Post: 11-01-2014, 18:36

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
FEATURED SUPPORTER
The Fix Program Sydney CBD and BroadwayPregnancy and women's health physio, pregnancy and new mum Pilates classes taught by our physios for you and bub. ...
REVIEWS
"Made bed time less anxious"
by Meld85
My Little Heart Whisbear - the Humming Bear reviews ›
"Wonderful natural Aussie made product!"
by Mrstwr
Baby U Goat Milk Moisturiser reviews ›
"Replaced good quality with cheap tight nappies"
by Kris
Coles Comfy Bots Nappies reviews ›