Above all, women should prioritise their mental and physical health and that of their baby. This correspondence could be sent to your company's human resources director, your supervisor, or both. It is unclear from what you say if this happened during your maternity leave or during your annual leave. The most beautiful reason for wanting a career change after your maternity leave is the feeling of unfulfilled potential about yourself. This makes many women consider changing jobs, leaving jobs, or working for themselves either during or … I didn’t think they could do this? My employer has added tasks to my role that were previously covered by a commercial analyst and these tasks are not within my expertise. Whilst I was on my first maternity leave, a member of my team stepped up to cover my role. If someone of a similar level of experience etc. If the redundancies happened during your maternity leave, you would have priority over any suitable alternative roles – see https://www.workingmums.co.uk/advice-and-support/do-you-know-your-maternity-rights/. Hi, see https://www.workingmums.co.uk/job-location-moved-while-on-maternity-leave-without-consultation/. How companies let down women returning after maternity leave Many firms make life hard, and pay and career progression can take a permanent hit Fri, Jun 8, 2018, 05:55 Unfortunately, in many cases, the entire period isn’t covered, financially. Hiya! On returning, things never quite went back to how it was before and for the year prior to my second maternity leave my role was diluted and we jointly had responsibility for managing the team. We recently worked with a woman who was told her role was redundant and she would have to apply for a new job they had created, competing with her maternity cover for it. I thought I would return to my class for 2.5 days as before my leave but the head contacted me (via Facebook) to say, following a meeting, they would like to keep my cover on, taking my class full time. To be eligible for the Maternity Benefit Act, a woman must have been employed at the establishment for at … Editor: They cannot change the terms and conditions of your job without consulting you first so if this was not in your job description – see http://www.nidirect.gov.uk/employment-contracts-and-conditions. You should be consulted on maternity leave and your agreement obtained about any changes. However, when there is a restructuring occurring and potential redundancies occurring, the employer has a legal obligation to consult with all affected employees, whether they are on maternity leave or not. Coming back to work after having a baby can be a stressful time. has been performing at that level successfully, then this suggests the expectations are reasonable. That would depend on what reasons they are giving for replacing you with a full-time role. John Brandon and Esther Smith advise on what her options are. Changes introduced by law Where the law introduces changes into your contract of employment, (for example, by extending the statutory period of maternity leave), both you and your employer must comply with the law. The reason that this is important is that legally, if an employee returns to work after OML then they are entitled to return to the same job that they had prior to starting maternity leave. then there isn't much she can do about that unless she thinks the expectations are unreasonable. • you are entitled to all your contractual terms and conditions during maternity leave, apart from your pay. The current entitlement is to 26 weeks’ maternity leave together with 16 weeks additional unpaid maternity leave. They told me this about 2 weeks before coming back from maternity leave. I have been in my job for 10 years. You can go back to work and postpone your maternity leave for up to 6 months. It is a good idea to forge a relationship with the new manager as soon as possible. Small business see the benefits of flexible working, Search jobs, franchise opportunities and articles on workingmums.co.uk, https://www.workingmums.co.uk/job-location-moved-while-on-maternity-leave-without-consultation/, http://www.acas.org.uk/media/pdf/r/f/Managing-redundancy-for-pregnant-employees-or-those-on-maternity-leave-accessible-version.pdf, https://www.workingmums.co.uk/advice-and-support/do-you-know-your-maternity-rights/, http://www.nidirect.gov.uk/employment-contracts-and-conditions. Some employees want minimal contact from their employer so that they can just focus on the baby at home. Maternity pay lasts for 39 weeks but maternity leave lasts for 52 weeks (the last 13 weeks is usually unpaid). This is made up of: 26 weeks of ordinary maternity leave (OML) and: 26 weeks of additional maternity leave (AML), beginning the day after OML finishes. If a post is at risk of redundancy during maternity leave, the woman has extra protection and is entitled to be offered a suitable vacancy. Now they told me that they want me to sign an “addendum” to my normal contract where they will add my “new” job description. Hi Kate, You should have been informed and consulted on the changes while on maternity leave – see http://www.acas.org.uk/media/pdf/r/f/Managing-redundancy-for-pregnant-employees-or-those-on-maternity-leave-accessible-version.pdf. When an employee goes on maternity leave, it is appropriate for the employer to talk to the employee about the level of contact that the employee wants to have while on maternity leave. Whilst every care has been taken in compiling this answer, WorkingMums cannot be held responsible for any errors or omissions. Prior to finishing this time, we had meetings with senior management about a restructure of our team over the coming months. They have not given me an addendum to sign when I was promoted or took over team. The maternity leave may not begin before the 16th week preceding the expected date … This is called the “reasonably practicable” test (a good example is a genuine redundancy) in which case the employee must be offered a job which is both suitable and appropriate for her. An employee has returned from maternity leave to a much lesser role and feels sidelined. The onus is on the employer to comply with the law. has been performing at that level successfully, then this suggests the expectations are reasonable. For example, they can’t reduce your pay because they pay someone who already works for them in a similar role less. I will have taken the full year's maternity leave by the time I go back. Maternity & parental leave Changes to unpaid parental leave. So, it is critical that you remain in touch during your maternity leave if restructuring occurs. Editor: Can you provide more information? A report from the Equality and Human Rights Commission found that 54,000 women a year are forced out of work after having a baby. During my leave, maternity cover was sought, which started in April, and I returned to work in May. Editor: If you are employed as maternity cover you cannot take the role permanently as the person on maternity leave has a legal right to return to that job. Employers must not treat employees less favourably because they are pregnant or on maternity leave. I will be returning in June following Ordinary Maternity Leave and some Additional Maternity Leave. I line manage a team of 7 people and am currently on maternity leave after the birth of my second child. What are my rights? You have a right to return to work after your maternity leave. This was never addressed formally, but was encouraged by senior management due to a growth in our workload. THE QUESTION OF maternity leave for TDs and Senators has resurfaced as one that needs to be answered, but how it can – or should – be addressed remains a contentious issue. But again it would need to be an unreasonable change, as it is perfectly OK for employers to expect progression & development within a job role as business needs change over time. If you’re on leave and getting parental leave payments and decide not to go back to work, you will still get your parental leave paymen… A report from the Equality and Human Rights Commission found that 54,000 women a year are forced out of work after having a baby. You also state that you were not given a salary increase to the same extent as your colleagues even though your employer stated that your performance had been good. The BBC’s recent maternity leave thriller The Replacement drew in millions of viewers, culminating with a dramatic and polarising finale last week. My role is due to transfer in Decemeber. Resuming work after maternity leave can be an exciting but challenging transition.Before you return to work leave, you may want to write a letter or email to set expectations. This person made massive improvements and changes and increased performance within the department. Your email address will not be published. It is also likely that giving important parts of your original job to the candidate covering your maternity leave may constitute unlawful discrimination on the grounds of maternity. If your role is not affected, then when you return from AML, then you would be entitled to return to a similar role in terms of status and responsibilities but not necessarily the same role. Europe Territory Sales Manager job with Honeywell Bracknell https://t.co/9k1ChTXRLU #jobs #joboftheday #SalesDec 14th, @WorkingMumsMarketing Assistant (Part time) job with Willmott Dixon Birmingham https://t.co/laYVob53lZ #jobs #joboftheday #MarketingDec 11th, @WorkingMumsRT @WorkingMums: A new report from @WTWcorporate predicts #salaries in the private sector will rise by on average 2.4% next year. The person who has been seconded into her role has been doing a fantastic job and has proved to be better suited to the role and the company. Implications of poor maternity leave … Similarly, if more than 26 weeks is taken, the employee is generally entitled to return to the same job on the same terms, unless there is a genuine and good reason why this is not possible. Most of the team left the company soon after or moved department. All pregnant employees, regardless of their length of service in the NHS or hours of work, are entitled to a period of 52 weeks maternity leave. It is extremely important to seek legal advice in these circumstances. Women on leave should be notified of such a change. Technically my work conditions would then be very different. Your terms and conditions cannot be changed without consultation with you. I am currently pregnant and am planning on taking maternity leave before this. If the actual tasks have changed then she should check her job description – she could potentially have reasonable grounds for complaint if the JD has changed dramatically. For example, request regular email or post updates to stay connected. We regularly hear from women who are informed on leave, or when they return to work, that there has been a restructure and their job no longer exists. All women are entitled to take up to 52 weeks … I am currently in a consultation for my role to be transferred to another location whic is more thank 86 miles away. My pay will be unaffected. I am a teacher in a private school. Can you provide more details on this to [email protected]? So really she needs to go back & do some analysis of the role here (or ask her employers to) in order to determine whether or not she has actually gone back to her previous role, or one that is different enough to maybe constitute being a new job role entirely. https://…Dec 10th, Browse Q&A Ask a question Meet the experts Register For Recruitment Emails, Search here for Franchise Opportunities, Top Employers, Returner Programmes, Events and Articles, Click the button below to register your interest with all the franchises in your selection, This franchise opportunity has been added to your franchise selection, You may be interested in these similar franchises, N. Europe Territory Sales Manager job with Honeywell Bracknell, Marketing Assistant (Part time) job with Willmott Dixon Birmingham. I went on maternity for 12 months. While the recruitment of maternity cover is the employer’s responsibility, try to be involved in the process, and help create a clear job description for your role. If someone of a similar level of experience etc. Hutcheon and Pearce are currently seeking an experienced Payroll/Accounts Officer to join our Shared Resource Office in a fixed term role! This should be agreed upfront. But if you resign after the end of your maternity leave, you should work your notice unless you have agreed to take annual leave or you need to take sick leave. I am currently covering somebody else maternity leave and they are due to come back in June, which is when my employer wants me to back to my old role on my old salary. Your email address will not be published. More than 26 weeks’ maternity leave is called ‘additional maternity leave’ under the law. Browse Guardian Jobs or sign up to Guardian Careers for the latest job vacancies and career advice, I'm off on maternity leave – but I don't fear my replacement | Catherine Shoard. While the TV show was criticised for being far fetched, it did address the very real uncertainty many women going on maternity leave face: is my job at risk, and if so, what should I do? I have just returned from maternity leave. On 26 November 2020, there were changes to the unpaid parental leave entitlements in the Fair Work Act. Does this count as treating me less favourably than my colleagues because of pregnancy/maternity leave? The changes include: access to 12 months of unpaid parental leave for parents impacted by stillbirth or infant death; access to flexible unpaid parental leave options. If the role & responsibilities are still the same but the required standards have increased (i.e they have raised the bar & expect her to do the same job only better) then there isn't much she can do about that unless she thinks the expectations are unreasonable. Like the TV show’s protagonist, Ellen, many women feel they are being edged out by their employer or temporary replacement while on maternity leave. I am due to return to work after mat leave soon. If 26 weeks or less is taken, the employee is entitled to return to the same job. Does that entitle me to ask them to look into alternative locations closer to my home? Stay in touch during maternity leave to the extent you are comfortable. has been performing at that level successfully, then this suggests the expectations are reasonable. If the role & responsibilities are still the same but the required standards have increased (i.e they have raised the bar & expect her to do the same job only better!) You also have the right to request flexible work arrangements, such as part-time-work. Either way, whether you had the same job or a similar one, it sounds like they have taken away key components of it or “diluted” it as you describe and defended it as increased workload so the role being “shared”. I have been put into a menial role. My employer has removed me from my post and employed a new person who is now doing my job. What are my rights when I return from AML? I used to lead a team of 7 people and one of my male team members from New York took over the team when I left on maternity leave. You might have graduated college with a high grade and several references but never acted on it. They gave me a job which they argue as being of similar responsibility as my old position but it is not really. I have been shown up and outshone massively. If the actual tasks have changed then she should check her job description – she could potentially have reasonable grounds for complaint if the JD has changed dramatically. I used to do this job on two days a week initially, when my older child was younger, and gradually increased my hours over the years. Maternity leave By André Claassen The employee is entitled to 4 months unpaid maternity leave. And claims to the tribunal have to be made within the short time window of three months minus one day from the relevant actions happening. However, if employees who have actually commenced their maternity leave are selected for redundancy then special provisions apply to them. What are my employment rights please. You’ve been on maternity leave for 26 weeks or less You’re entitled to return to the same job after maternity leave if you’ve been away 26 weeks or less. Your pay and conditions must be the same as or better than if you hadn’t gone on maternity leave. I’m about to go on Maternity Leave and my company is looking into relocating to another town nearby. Thanks a lot! This information is not intended to be a substitute for specific legal advice. There are two different elements to this question – the first part is around your job after you returned from maternity leave the first time and the second part is around rights while on maternity leave. Focusing on the first part of your question, it is not clear from your information whether your first maternity leave was just OML or whether you took AML also. On your return from maternity leave, you have the right to return to the same job you had before. My question is how much involvement should I have in these changes whilst on maternity leave and does my employer have an obligation to keep me updated? The best way to avoid a shock is to stay in touch during your leave. then there isn't much she can do about that unless she thinks the expectations are unreasonable. Often an employer will give an employee the same role after they return from AML but the employer does not have to – just a similar role is sufficient. In June 2018, we published an article, Recent Changes Affect Parental and Maternity Leave in Atlantic Canada. After six months you are entitled to return to your original role. Email your colleagues and boss regularly or organize a few coffee dates to stay abreast of new developments. Many difficulties arise when a line manager changes during maternity leave. You say you are in consultation. So employees who are pregnant or on maternity leave must be notified of the redundancy process, invited to redundancy consultation meetings, included in the pool and considered for redeployment in the usual way. This can also help identify any potential problems that might need to be ironed out before returning. Im not happy I just want the job back I was originally offered. Coronavirus schools shutdown: what do employees and employers need to know? However, to best protect yourself, communication is important. This will mean that when I’m back to work after a 6 month leave my commute will increase from 10 minutes (now) to more than an hour (once the company has relocated). Hi Rachel, How long have you been on maternity leave? • you are entitled to 39 weeks’ maternity pay if you meet the qualifying conditions, see Maternity pay questions. To get the same role you would need to return to work at the end of your OML. Fathers who are on maternity leave cannot postpone it. However, if employees who have actually commenced their maternity leave are selected for redundancy then special provisions apply to them. Looking for a job? Your rights during maternity leave: • all employees have the right to 52 weeks maternity leave with the right to return to work. 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