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Carer's leave and returning to work

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  • 12-06-2019 9:25am
    #1
    madmen2015
    Registered Users Posts: 30 ✭


    I'm just about to return to work after being on carer's leave and it seems that I may not be offered my old job back as it "has evolved" in my absence with added responsibilities. I know legally I have to be offered my old job back or if this is not practicable I have to be offered suitable employment within the company. My question is what if the alternative job is not suitable for me e.g. I'd have no experience in that role, what are my options, will my employer offer me redundancy if I decide it's not a suitable role for me?
    Thanks in advance


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    #2
    gibgodsman
    Registered Users Posts: 571 ✭✭✭gibgodsman


    May not be 100% correct, but I would assume they must keep your position, how it was (Hours, pay etc.) open for you while on AGREED carers leave, if they have agreed to your Carers leave, which I assume they did, they are, by law, to offer you your position, exactly how it was when you left, if the position has changed, they must train you in


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    #3
    madmen2015
    Registered Users Posts: 30 ✭madmen2015


    Thanks for your reply, yes the carer's leave was agreed and officially done so it will be interesting to see what happens.


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    #4
    dennyk
    Registered Users Posts: 1,707 ✭✭✭dennyk


    Job roles and responsibilities always evolve over time, generally speaking; there's no requirement to return you to your exact previous role with the exact same duties if that role has legitimately changed during your absence.

    Are these new duties they've added to the role something that would require additional formal or professional qualifications you don't have (e.g. a degree, professional license, etc.), or are they something that you would have ordinarily learned on the job had you been at work during that transition time? If it's the latter, then unless there's something specific in your contract that would prohibit them from making those change to your duties, I don't see an issue with it provided your employer is willing to accommodate your understandable lack of experience and provide the same training, support, and time for you to learn the new duties upon your return as they would have done if you had been at work when they were first added to your role (and of course provided the pay, hours, benefits, etc. remain at least the same as what you had previously).


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