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role change after maternity leave

The wider issues around job insecurity during maternity leave, sadly, are a less entertaining reality for thousands of women in the UK. Im not happy I just want the job back I was originally offered. has been performing at that level successfully, then this suggests the expectations are reasonable. has been performing at that level successfully, then this suggests the expectations are reasonable. They gave me a job which they argue as being of similar responsibility as my old position but it is not really. I am currently covering somebody else maternity leave and they are due to come back in June, which is when my employer wants me to back to my old role on my old salary. Browse Guardian Jobs or sign up to Guardian Careers for the latest job vacancies and career advice, I'm off on maternity leave – but I don't fear my replacement | Catherine Shoard. The changes include: access to 12 months of unpaid parental leave for parents impacted by stillbirth or infant death; access to flexible unpaid parental leave options. Unfortunately, in many cases, the entire period isn’t covered, financially. If someone of a similar level of experience etc. But again it would need to be an unreasonable change, as it is perfectly OK for employers to expect progression & development within a job role as business needs change over time. If you decide not to go back to work when your parental leave ends, you must tell your employer in writing at least 21 days before the end of your parental leave. After x4 lots of maternity AML my employer brought in cover member of staff for my role. If your role is not affected, then when you return from AML, then you would be entitled to return to a similar role in terms of status and responsibilities but not necessarily the same role. Employers must not treat employees less favourably because they are pregnant or on maternity leave. Under the Maternity Protection (Amendment) Act 2004 at least 2 weeks have to be taken before the end of the week of your baby's expected birth and at least 4 weeks after. We regularly hear from women who are informed on leave, or when they return to work, that there has been a restructure and their job no longer exists. So really she needs to go back & do some analysis of the role here (or ask her employers to) in order to determine whether or not she has actually gone back to her previous role, or one that is different enough to maybe constitute being a new job role entirely. Your employer must show that it is not reasonably practicable to permit you to return to your old job. Maternity, Parental & Adoption Leave The most noteworthy change arising from the new amendments is that the parental leave […] read more Update: An Overview of Parental and Maternity Leave in Atlantic Canada. Fathers who are on maternity leave cannot postpone it. What are my employment rights please. Some ladies want a monthly call with their employer or regular emails etc. It is also likely that giving important parts of your original job to the candidate covering your maternity leave may constitute unlawful discrimination on the grounds of maternity. When you go back to work after taking some Additional Maternity Leave (AML) (any part of the second six months of maternity leave) you have the right to return to your old job on your old terms and conditions unless it is “not reasonably practicable”, in which case your employer must offer you a suitable alternative job on similar terms and conditions. That would depend on what reasons they are giving for replacing you with a full-time role. At my  annual review just before going on maternity leave, although they were very happy with my performance, I was given an increase significantly less than the ones I had been handing out to my team because I wasn’t going to be there in the coming months. Your life is certainly a lot different now to when it was before you were pregnant, and employers have a legal obligation to seriously consider requests for more flexible working hours when a woman returns from maternity leave. You can go back to work and postpone your maternity leave for up to 6 months. This is called the “reasonably practicable” test (a good example is a genuine redundancy) in which case the employee must be offered a job which is both suitable and appropriate for her. Maternity leave is usually created from a variety of benefits that include sick leave, vacation, holiday time, personal days, short-term disability and unpaid family leave time. Resuming work after maternity leave can be an exciting but challenging transition.Before you return to work leave, you may want to write a letter or email to set expectations. On 26 November 2020, there were changes to the unpaid parental leave entitlements in the Fair Work Act. I have been asked for the last 3 weeks to sign this addendum but I wonder why they keep pushing me into this? After six months you are entitled to return to your original role. In June 2018, we published an article, Recent Changes Affect Parental and Maternity Leave in Atlantic Canada. I will be returning in June following Ordinary Maternity Leave and some Additional Maternity Leave. I used to lead a team of 7 people and one of my male team members from New York took over the team when I left on maternity leave. This person made massive improvements and changes and increased performance within the department. Hi I am currently on maternity leave my company has had a massive change to the team where I am the only person from 4 with my current job title My manager and co workers have been dismissed and replaced with a new team, I was not told about any of this im using holidays at the end of my maternity leave and have just received a letter from HR advising that on my return i will be updated on my role changes and new responsibilities, Should I not have been keep in the loop about these whilst on maternity as they where happening rather then hearing and seeing from social media. To get the same role you would need to return to work at the end of your OML. Required fields are marked *, With UK coronavirus cases reportedly on the increase in some areas, working parents across...read more, The Government is sleepwalking into an unemployment crisis and needs a strategy focused on...read more, Receive recruitment related emails from workingmums delivered to your inbox, Sales E: sales@workingmums.co.uk T: +44(0)20 8432 6094, Customer service E: info@workingmums.co.uk, Technical Queries E: support@workingmums.co.uk, Contact us by post: Working Mums Ltd PO Box 53228, London, N3 1YR, @WorkingMumsN. Your email address will not be published. During my leave, maternity cover was sought, which started in April, and I returned to work in May. Since the new job was almost identical to the one she had been doing, she felt her employer was trying to find a way to replace her with the cover. Many difficulties arise when a line manager changes during maternity leave. Now they told me that they want me to sign an “addendum” to my normal contract where they will add my “new” job description. Explore the range of vacancies on Guardian Jobs and find the perfect role for you, Last modified on Wed 5 Dec 2018 07.19 GMT. If 26 weeks or less is taken, the employee is entitled to return to the same job. She should not be expected to apply for positions or go for interviews. Maternity Leave - Section 15 . Over the maternity period it has been realised that the current job has changed and a lot of the duties are no longer required within that role. Stay in touch during maternity leave to the extent you are comfortable. John Brandon and Esther Smith advise on what her options are. These Acts do not affect the principle that both you and your employer must consent to changes in your contract. You have a right to return to work after your maternity leave. My employer has added tasks to my role that were previously covered by a commercial analyst and these tasks are not within my expertise. Most of the team left the company soon after or moved department. Hi Kate, You should have been informed and consulted on the changes while on maternity leave – see http://www.acas.org.uk/media/pdf/r/f/Managing-redundancy-for-pregnant-employees-or-those-on-maternity-leave-accessible-version.pdf. The reason that this is important is that legally, if an employee returns to work after OML then they are entitled to return to the same job that they had prior to starting maternity leave. Editor: Our HR expert Tara Daynes says: If the role & responsibilities are still the same but the required standards have increased (i.e they have raised the bar & expect her to do the same job only better!) This, plus the fact that your role returning from maternity leave is not the same or “similar” enough to the one you left does make it sound like your employer has not followed the law appropriately here and that potentially you have been treated less favourably than your colleagues due to the fact that you went on maternity leave. Again, this depends on the company, but your employer isn’t required to pay you your full salary while on leave. However, when there is a restructuring occurring and potential redundancies occurring, the employer has a legal obligation to consult with all affected employees, whether they are on maternity leave or not. If you’ve taken more than 26 weeks. Often an employer will give an employee the same role after they return from AML but the employer does not have to – just a similar role is sufficient. Have you accepted the changed role? The maternity leave may not begin before the 16th week preceding the expected date … Either way, whether you had the same job or a similar one, it sounds like they have taken away key components of it or “diluted” it as you describe and defended it as increased workload so the role being “shared”. Maternity leave should commence one month before the expected date of birth of the child, and the employee is obliged to give the employer one month’s notice of the commencement of maternity leave. Can they do this without my consen? On your return from maternity leave, you have the right to return to the same job you had before. • you are entitled to 39 weeks’ maternity pay if you meet the qualifying conditions, see Maternity pay questions. This was never addressed formally, but was encouraged by senior management due to a growth in our workload. What are my rights? When does this consultation period end and when do you go on maternity leave? If the actual tasks have changed then she should check her job description – she could potentially have reasonable grounds for complaint if the JD has changed dramatically. Fixed Term (Maternity Leave Role) to September 2021; Wagga based! Prior to finishing this time, we had meetings with senior management about a restructure of our team over the coming months. Between 6-12 months you are entitled to return to your original role or a suitable alternative if this does not exist [eg not because someone else is covering it]. While the recruitment of maternity cover is the employer’s responsibility, try to be involved in the process, and help create a clear job description for your role. I have just returned from maternity leave. Family owned John Deere Dealer - join a well established business! Can I change my working hours after my maternity leave? While the TV show was criticised for being far fetched, it did address the very real uncertainty many women going on maternity leave face: is my job at risk, and if so, what should I do? • you are entitled to all your contractual terms and conditions during maternity leave, apart from your pay. then there isn't much she can do about that unless she thinks the expectations are unreasonable. All women are entitled to take up to 52 weeks maternity leave and return to work, and employers should assume that 52 weeks will be taken. There are two different elements to this question – the first part is around your job after you returned from maternity leave the first time and the second part is around rights while on maternity leave. We recently worked with a woman who was told her role was redundant and she would have to apply for a new job they had created, competing with her maternity cover for it. Is all this legal? • you have the right to be offered a suitable alternative … Women who are not consulted about changes to their job, are not allowed to return to their old job, or are offered an alternative job that is a demotion, may have a claim for discrimination. Thanks so much for your help. Situations like this mean women have to piece together what has happened to their role and assess whether it can be challenged – a complex issue of law and evidence – while adjusting to a new baby. A report from the Equality and Human Rights Commission found that 54,000 women a year are forced out of work after having a baby. So be ready. then there isn't much she can do about that unless she thinks the expectations are unreasonable. Hi, see https://www.workingmums.co.uk/job-location-moved-while-on-maternity-leave-without-consultation/. https://…Dec 10th, Browse Q&A Ask a question Meet the experts Register For Recruitment Emails, Search here for Franchise Opportunities, Top Employers, Returner Programmes, Events and Articles, Click the button below to register your interest with all the franchises in your selection, This franchise opportunity has been added to your franchise selection, You may be interested in these similar franchises, N. Europe Territory Sales Manager job with Honeywell Bracknell, Marketing Assistant (Part time) job with Willmott Dixon Birmingham. This can be a great opportunity to keep up relationships, increase confidence and maintain skills without bringing maternity leave, or statutory maternity pay, to an end. The BBC’s recent maternity leave thriller The Replacement drew in millions of viewers, culminating with a dramatic and polarising finale last week. Hi Rachel, How long have you been on maternity leave? Implications of poor maternity leave … I went on maternity for 12 months. Thanks a lot! Women in a similar situation should inform their employer about this behaviour, and consider more formal action, such as a written complaint. This is made up of: 26 weeks of ordinary maternity leave (OML) and: 26 weeks of additional maternity leave (AML), beginning the day after OML finishes. I have been put into a menial role. What are my rights when I return from AML? Editor: Can you provide more information? But again it would need to be an unreasonable change, as it is perfectly OK for employers to expect progression & development within a job role as business needs change over time. After returning from Ordinary Maternity Leave (OML), you have the right to go back to the same job that you were in before you went on leave. An employee has returned from maternity leave to a much lesser role and feels sidelined. Whilst I was on my first maternity leave, a member of my team stepped up to cover my role. You’ve been on maternity leave for 26 weeks or less You’re entitled to return to the same job after maternity leave if you’ve been away 26 weeks or less. Employers must not treat employees less favourably because they are pregnant or on maternity leave. In this situation, she does not have to go through selection against the criteria for filling a vacant post. You also have the right to request flexible work arrangements, such as part-time-work. A preference for an employee employed on maternity cover to perform your role (or certain parts of your job) is unlikely to be sufficient justification to change your existing position. I thought I would return to my class for 2.5 days as before my leave but the head contacted me (via Facebook) to say, following a meeting, they would like to keep my cover on, taking my class full time. Technically my work conditions would then be very different. I didn’t think they could do this? If an employee also takes AML, then they are entitled to a similar job at the same status and responsibilities. She made an employment tribunal claim, which her employer settled before a tribunal hearing. The current entitlement is to 26 weeks’ maternity leave together with 16 weeks additional unpaid maternity leave. It is unclear from what you say if this happened during your maternity leave or during your annual leave. Maternity & parental leave Changes to unpaid parental leave. On returning, things never quite went back to how it was before and for the year prior to my second maternity leave my role was diluted and we jointly had responsibility for managing the team. The employer may agree to a longer maternity leave if the employee requests it. All pregnant employees, regardless of their length of service in the NHS or hours of work, are entitled to a period of 52 weeks maternity leave. I will be taking maternity leave in 8weeks time. If someone of a similar level of experience etc. In fact, prior to my return my manager said that I couldn’t expect my maternity cover to just drop back to what she was doing before. Your rights during maternity leave: • all employees have the right to 52 weeks maternity leave with the right to return to work. This correspondence could be sent to your company's human resources director, your supervisor, or both. My role is due to transfer in Decemeber. They have not given me an addendum to sign when I was promoted or took over team. Women on leave should be notified of such a change. Maternity leave By André Claassen The employee is entitled to 4 months unpaid maternity leave. For example, request regular email or post updates to stay connected. At Maternity Action, we supported a woman whose cover sent her adverts for jobs elsewhere that she “might find interesting”. After returning from Additional Maternity Leave (AML) you also have the right to return to the same job unless your employer can demonstrate that it is not reasonably practicable to have kept that job open for you. As a result, many women feel under immense pressure to return from maternity leave earlier than planned. You also state that you were not given a salary increase to the same extent as your colleagues even though your employer stated that your performance had been good. Some women are even told their pay may suffer on their return to work if the cover doesn’t do well. So employees who are pregnant or on maternity leave must be notified of the redundancy process, invited to redundancy consultation meetings, included in the pool and considered for redeployment in the usual way. My pay will be unaffected. Can they do that? You should be consulted on maternity leave and your agreement obtained about any changes. Your email address will not be published. Maternity pay lasts for 39 weeks but maternity leave lasts for 52 weeks (the last 13 weeks is usually unpaid). Does this count as treating me less favourably than my colleagues because of pregnancy/maternity leave? Whilst every care has been taken in compiling this answer, WorkingMums cannot be held responsible for any errors or omissions. However, to best protect yourself, communication is important. Can you provide more details on this to mandy@workingmums.co.uk? For example, they can’t reduce your pay because they pay someone who already works for them in a similar role less. I have been in my job for 10 years. The onus is on the employer to comply with the law. I have been offered a different role, covering staff when they are off. It is extremely important to seek legal advice in these circumstances. Coming back to work after having a baby can be a stressful time. Now Im due back my employer expects me to keep up that role with all the changes. If your employment agreement says you have to give more than 21 days’ notice of resignation (eg your notice period is one month), then that resignation notice period becomes the notice period you need to give your employer. This should be agreed upfront. They should keep a record of any concerns regarding the employer and seek advice early on. Above all, women should prioritise their mental and physical health and that of their baby. We have also seen an increase in women being told they are responsible for the recruitment, training and management of their maternity cover, even though this is wholly the responsibility of the employer. So really she needs to go back & do some analysis of the role here (or ask her employers to) in order to determine whether or not she has actually gone back to her previous role, or one that is different enough to maybe constitute being a new job role entirely. If someone of a similar level of experience etc. Some employees want minimal contact from their employer so that they can just focus on the baby at home. Changes introduced by law Where the law introduces changes into your contract of employment, (for example, by extending the statutory period of maternity leave), both you and your employer must comply with the law. Maternity and pregnancy discrimination has significantly increased over the past decade. Europe Territory Sales Manager job with Honeywell Bracknell https://t.co/9k1ChTXRLU #jobs #joboftheday #SalesDec 14th, @WorkingMumsMarketing Assistant (Part time) job with Willmott Dixon Birmingham https://t.co/laYVob53lZ #jobs #joboftheday #MarketingDec 11th, @WorkingMumsRT @WorkingMums: A new report from @WTWcorporate predicts #salaries in the private sector will rise by on average 2.4% next year. Our manager decided that it is more cost efficient if the whole team, including the new manager moves to Singapore and that the new manager tries to build a new team there. If someone of a similar level of experience etc. has been performing at that level successfully, then this suggests the expectations are reasonable. So, it is critical that you remain in touch during your maternity leave if restructuring occurs. THE QUESTION OF maternity leave for TDs and Senators has resurfaced as one that needs to be answered, but how it can – or should – be addressed remains a contentious issue. So employees who are pregnant or on maternity leave must be notified of the redundancy process, invited to redundancy consultation meetings, included in the pool and considered for redeployment in the usual way. You might have graduated college with a high grade and several references but never acted on it. I am currently pregnant and am planning on taking maternity leave before this. 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