Maternity Discrimination

shirley2014

Hi, I'm wondering could I get a bit of advice on an issue I'm having on my return to work after maternity leave.

I work for a company for over 13 years, for the last 5 years I have been working in the same position. Next week I will be returning to work but to have been told this week that the position Iv been in has been takin by another employee.

Since my leave there have been new ownership but the position remains but not on contract.

Should I be entitled to get my old position back as I feel discriminated for been on maternity.

Thanks

godtabh

As far as I am aware you are entitled to rejoin the company at the same level (plus any accrual of benefits while on maternity leave) but not guaranteed the same position.

In the last place I was at this happened. The lady who returned came back for half a day and was never seen again.

shirley2014

godtabh wrote: »

As far as I am aware you are entitled to rejoin the company at the same level (plus any accrual of benefits while on maternity leave) but not guaranteed the same position.

In the last place I was at this happened. The lady who returned came back for half a day and was never seen again.

Thanks for the reply!...I found this from an irish solicitors website

"Under the Maternity Protection Act 1994 you are entitled to return to work to the same job with the same contract of employment. If this is not reasonably practicable, your employer must provide you with suitable alternative work. This new position should not be on terms substantially less favourable than those of your previous job. Aside from this, you are entitled to be treated as if you had been at work during your maternity leave."

asides from all this. I was told last week that if I wasn't on maternity I would be still working in the same position:(

Ken.

This section of citizens info has the same stuff you quoted above but has a section on where to make a complaint if you wish.

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

How to apply

You should apply to your employer in writing to take maternity leave.

If you need further information about maternity leave you should contact Workplace Relations Customer Services. You can read more information in the booklet, Your Maternity Leave Rights Explained (pdf).

If you have a dispute with your employer about maternity leave or if you have been dismissed due to a matter connected with your pregnancy or for claiming your rights under maternity leave legislation, you may make a complaint within 6 months of the dispute or complaint occurring. You must use the new online complaint form (available by selecting ‘Make a complaint in relation to employment rights’ on workplacerelations.ie). The time limit may be extended for up to a further 6 months, but only where there are exceptional circumstances which prevented the complaint being brought within the normal time limit.

At least 6 weeks before your baby's due date you should apply to the Maternity Benefit Section of the Department of Social Protection for Maternity Benefit.