Legal Stuff
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Topic: Legal Stuff
Posted By: Danaj
Subject: Legal Stuff
Date Posted: 30 September 2008 at 12:23pm
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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? ------------- http://www.TickerFactory.com/weight-loss/wyI1oWn/"> 
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Replies:
Posted By: kebakat
Date Posted: 30 September 2008 at 12:29pm
| I haven't really looked at it much but yes I believe they do have to consider alternatives and consider them seriously. But if they feel that the alternative that you suggest will not meet the requirements they have set then they can say no |
Posted By: Natalie_G
Date Posted: 30 September 2008 at 12:29pm
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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. ------------- http://lilypie.com">  
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Posted By: Aprilfools
Date Posted: 30 September 2008 at 12:32pm
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I'm working on part time hours if I come back at the moment also.
My HR manager referred me to this website when I started enquiring www.dol.govt.nz It gives you all the details of the legislation. ------------- http://lilypie.com"> 
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Posted By: peanut butter
Date Posted: 30 September 2008 at 12:35pm
| 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. |
Posted By: Aprilfools
Date Posted: 30 September 2008 at 12:38pm
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Here is the particular page that you might find helpful.
http://www.dol.govt.nz/worklife/flexible/act.asp Basically you need to formally request flexible working arrangements. This can be different hours, days or location. Your company is obligated to consider this properly and fairly and has 3 months to do this and come back to you with an answer. ------------- http://lilypie.com">
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Posted By: Danaj
Date Posted: 30 September 2008 at 12:47pm
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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? ------------- http://www.TickerFactory.com/weight-loss/wyI1oWn/">
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Posted By: emz
Date Posted: 30 September 2008 at 2:47pm
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I hope it does work out, but basically they aren't obliged to accept your proposal, only to consider it.
The legislation is all about giving employees the power to request such changes, but more often than not nothing changes. We've had heaps of ladies at work request part time hours since the legislation came in, and only 2 have managed to get a job-sharing position out of all of them. 
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Posted By: VannesaD
Date Posted: 30 September 2008 at 4:22pm
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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. -------------  
http://lilypie.com"> 
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Posted By: Danaj
Date Posted: 30 September 2008 at 5:02pm
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Thanks Vanessa. That certainly does help. I wasn't aware they could place you in a different position if you took longer than the 14 weeks.
I haven't made any threats to them about it, just an informal email to my boss about what I would ideally like to do. She said she will get back to me by the end of the week. My lawyer did point out that because they had allowed a key acc manager to take 6 months at 2 days per week for parental leave, that they had set a precedent that could be used to argue my case. No guarantees of course. ------------- http://www.TickerFactory.com/weight-loss/wyI1oWn/">
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Posted By: VannesaD
Date Posted: 01 October 2008 at 10:46am
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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.  -------------
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Posted By: emz
Date Posted: 01 October 2008 at 2:43pm
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Danaj - it also depends how easily replaced you are unfortunately. I know a lady at work who is the accounts manager has pretty flexible part time hours and also does a bit of work from home because she's key to the running of the business and its easier to do this than hire someone new.
Other staff, such as our PA's, have been told a big no most of the time. And I work for a law firm so they know the ropes. |