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Only part time after maternity leave

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  • 08-02-2013 7:40pm
    #1
    Kaylami
    Registered Users Posts: 600 ✭✭✭


    So I went on maternity leave in oct. I was full time staff when I left the only full time staff member in my department.

    I went to see my boss about going back early and was told that at the moment they can only guarantee me 3 days a week until when I was suppose to finish my maternity leave. I've also been told my role won't be the same as when I left as my replacement now handles that and she has set hours specifically to this.

    I've checked citizens advices and it states that your terms should be the same as when u left. I needed to go back early for the money and if I'm only getting 3 days that's no good.

    Anyone any advice or been in a similar situation ?


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    #2
    tatli_lokma
    Registered Users Posts: 3,332 ✭✭✭tatli_lokma


    The law states that you are entitled to return to the exact job you had before maternity. I'm not sure if you going back early makes a difference but I would doubt it. If your old job no longer exists then they need to negotiate with you but they can't just point blank dictate that your hours will be cut and duties changed.


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    #3
    Eoin
    Registered Users Posts: 21,257 ✭✭✭✭Eoin


    Little Ted wrote: »
    The law states that you are entitled to return to the exact job you had before maternity.

    It can be an equivalent role, but with no substantial reduction in terms.


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    #4
    Stheno
    Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,688 Mod ✭✭✭✭Stheno


    Eoin wrote: »
    It can be an equivalent role, but with no substantial reduction in terms.
    My understanding of this is that she must remain full time, you can be made redundant while pregnant legally, but if the role is still there, it must be the same hours/compensation etc.

    Particularly hated in one company I worked in where four women went on mat. leave, and came back pregnant.


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    #5
    Kaylami
    Registered Users Posts: 600 ✭✭✭Kaylami


    Basically 3 people are needed to cover all shifts. I was the only full time upon leaving. 2 new staff were taken on and a part timer went full time. I trained these people before I left. Now I'm being told there isn't enough hours and there hours can't be cut. I've read what it says and I'm wondering is it a grey area as I'm not meant to be back yet? As in when my maternity is officially cut do they have to give me full time again.


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    #6
    silja
    Registered Users Posts: 2,921 ✭✭✭silja


    I would say yes, once your maternity leave is officially up they need to give you full time again.
    However, as you are wanting to go back early, they do not have to give you the same conditions. Your work place planned for you to be out X weeks, and have budgeted and got staff for that- if you now change plans and want to come back earlier, they do not have to accomodate that.


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    #7
    wmpdd3
    Registered Users Posts: 9,624 ✭✭✭wmpdd3


    But you do have to give them 4 weeks notice in writing of you intention to return, its up to them to organise you return in relation to the cover they have arranged.

    I wouldn't accept part time if you want full time. I'd have a meeting with them, offer to extend your maternity leave until they can give full time, get them to give you this date in writing, tell them its for the mortgage/social welfare office etc.
    Returning to work
    Under Section 26 of the Maternity Protection Act 1994 you are entitled to return to work to the same job with the same contract of employment. Section 27 of the Act states that if it is not reasonably practicable for your employer to allow you to return to your job, then they must provide you with suitable alternative work. This new position should not be on terms substantially less favourable than those of your previous job.

    Otherwise, you are entitled to be treated as if you had been at work during your maternity leave. Your employment conditions cannot be worsened by the fact that you have taken maternity leave, and if pay or other conditions have improved while you have been on maternity leave then you are entitled to these benefits when you return to work.

    PRSI contributions: you will automatically be awarded PRSI credits while you are getting Maternity Benefit. If you avail of unpaid additional maternity leave you must get your employer to complete an application form for maternity leave credits after you return to work.

    If you are breastfeeding you may be entitled to some time off or a reduction in hours without loss of pay for up to 26 weeks after the birth.

    If you decide not to return to work after your period of maternity leave, you are required to give your employer notice in the usual manner.

    You are protected against unfair dismissal for claiming your rights under maternity protection legislation - see 'How to apply' below

    http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/maternity_leave.html


    I would argue you are in a worse situation compared to the day you went on maternity leave.

    Its not the fact that there's not enough work for you, thats not your problem, you were there first.


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