Legal Stuff

Hi Guys,

Spoke to my boss about going back part time in term 2 then full time in term 3. The response wasn't exactly welcoming.

I've left a message for my lawyer to call me so I can get all my facts straight just in case it turns into a battle. It still might be ok but I have a gut feeling i'm going to have to fight for it.

I know the laws in regards to the 14 weeks etc. I thought there was some recent legislation about employers being obliged to work with me on this? Anyone had any experience in negotiating lower hours when heading back to work even temporarily?

I will have to go back to work full time I have no choice about part time work.

I thought there was a legislation aswell, can anyone else clarify?

Good luck with this situation and fingers crossed it all works out for you.

I thought that they had to hold your job open but only in exactly the same hours etc you were working. So if you want to come back part time they dont have to accept it.  I could be wrong but that was what it was like last year.

Cheers guys. That site is very helpful. Hopefully this can be resolved without any issues. You know how some times you get a gut feeling that something isn't going to go smoothly?

Flexible working arrangements is different to the parental leave act.

Companies have to hold A job open for 12 months at the same pay and hours as you were previously working - but it doesn't have to be the same job unless they specified this in writing when you went on leave. They only have to keep the SAME job open for the 14 weeks parental leave.

If you want to go back to work from parental leave with different hours than when you left, the company can 'choose' not accept this.

I would suggest going back at the same hours and THEN requesting the flexible leave arrangement. A company HAS to seriously consider the request for flexible hours and unless it meets certain stringent criteria there is little reason why they are able to decline it.

Hope this helps a little. Good luck.

It is important to get a letter from your employer approving your maternity leave. The letter should state whether they are keeping your 'real' position open for the entire term.

Then the only sticky point after that is if a) you want to come back to different hours or b) you want to take longer leave. This leaves it wide open for the company to pick and choose how they deal with your requests.

Therefore the longer you can get formally approved in writing (and they agree to keep your original position) the better - as you can always go back early.