Make sure you're not being short-changed at work – or worse, unfairly dismissed – because you had a baby. Reports of discrimination, often disguised as concern for your family’s welfare, are rife. The reality is, many employers don't always follow the rules. As a new parent, you also have the right to request flexible work arrangements like part-time-work. Here are some tips to make the transition back to work after maternity leave as smooth and as stress-free as possible.Īccording to the Fair Work Act 2009, mothers are entitled to return to their pre-parental leave position, or, if that position no longer exists, the nearest possible position in terms of role and pay. No wonder most new mums feel overwhelmed and anxious. It is fraught with challenges: the stress of coping with the workload, the fear of not being able to do the job after a long break, the constant juggle of family life with a career. There’s a tug-of-war between wanting to care for your child just a little bit longer (hello, mummy guilt!) and having to return to work out of sheer necessity (hello, mortgage payments!). Having to return to work after maternity leave often comes as a shock to the system for most new mothers (let’s face it, it’s usually the women who take parental leave). Since 2011, Australian parents have been entitled to 18 weeks of paid parental leave at the national minimum wage. We recommend that you inform yourself as to what CA law says, the rights women have under those laws, and learn to identify violations.Returning to work after maternity leave presents many challenges for the average worker. If you are in California, there are several laws that protect women on maternity leave. Knowledge is Power When it Comes to Maternity Leave Read about all the maternity leave laws that apply to you. How can normal people figure out if the law was broken?Įasy. In other situations it is perfectly legal to terminate an employee while on maternity leave. However, in some situations, it is perfectly legal to replace the employee while she is on maternity leave. It is a violation of law for an employer to terminate an employee because she is pregnant. If the termination was motivated by the pregnancy, maternity leave, or disabilities stemming from the pregnancy, this type of conduct by the employer is unlawful. Occasionally, an employee may be terminated while on maternity leave or right when she returns from maternity leave. If done incorrectly, this is illegal and violates multiple laws. So, it’s not surprising that sometimes the company responds by replacing the employee while she is out on maternity leave. Or employers know that when the mother returns to work, she might have to leave work early and take time off to care for her newborn. That can be extremely inconvenient for a company. Why? Because this would mean a long leave of absence and time away from the office.
In a lot of cases, the employer is not very happy when he finds out an employee is pregnant. Replacement is Unlawful… (Well, Sometimes its Unlawful…) Is this unlawful? What should you do about it? Do you need a lawyer? This article was written by Branigan Robertson, an employment lawyer in California. Sometimes they even find out from coworkers that they’ve been fired (but the company hasn’t notified them yet). It is extremely common for women on maternity leave to suddenly find out that their company replaced them.
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