the position which now comprises 30 – 40% of your original job, you have a potential claim for pregnancy and maternity discrimination, automatic unfair dismissal (if this can’t be addressed), or unlawful detriment. Of course, you'll want to set a positive tone with your letter. The first step for those returning from maternity leave who find their job has effectively gone or been changed beyond recognition, is to initiate a grievance process. In fact, a whopping over half of (60%) of women have admitted to changing jobs after maternity leave. When you are ready to return from FMLA leave, your employer must reinstate you to the same position you held prior to your leave or an “equivalent position.” An equivalent position is one that is nearly identical in terms of pay, benefits, and other working conditions. 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. Also some companies are now voluntarily offering paid leave. Am I entitled to argue that the role I have been offered is not suitable (5% of what I have previously done) and that I should be offered one of the other posts without having to interview for them? I am currently due to return to work next month after a year off from maternity leave. Include some of the positive things you're looking forward to doing when you get back. Use the maternity planner to work out the earliest date your maternity leave can start. You may not have gone on maternity leave yet, but if you think you might like to come back on a part-time or flexible basis, it’s never too early to start planning. Please don’t hesitate to contact me with the above documentation so I can more fully advise of your position before you speak to your employer to address this.”. As you know from my maternity leave letter, I began my leave on July 1, 2018. It also explains how resigning from your job will affect your rights to maternity leave and pay and other benefits. I am currently due to return to work next month after a year off from maternity leave. This information sheet explains what you should do if you want to resign from your job during pregnancy, maternity leave or after returning to work. Employment law provides considerable protection for women both during pregnancy and thereafter and your employer cannot discriminate against you as a result of your pregnancy or taking maternity leave. Protecting your job during pregnancy or parental leavehas more informa… However, the law does afford employees on ordinary maternity leave legal protection and rights to return to the same job, or one that is no less favourable, than the position covered before maternity leave was taken. You can use this message as your opportunity to express that you're excited to return to work. Hi, You have the right to return to your previous job after the first six months of maternity leave. Parental leave benefits are payments given to parents who are caring for a newborn or newly adopted child. In order to defend a discrimination claim, your employer would have to prove that their decision to change your remit to include more menial tasks was not linked in any way to your being on maternity leave. My employer has offered me a role, but this role was previously done by a junior in the team. To qualify for occupational maternity pay, you must be covered by the Burgundy Book and employed for at least one year and 11 weeks with one or more local authorities by the expected week of childbirth. After your leave is over, your employer must return you to the same position you held before your leave, or one that is comparable, unless the employer’s operations have been suspended or discontinued. They have changed my job and I don't want to go back so have taken the max maternity and am looking for anothe job in the hope of getting one before I'm due to return. Please let this letter serve as notification that I will be returning to my position as an attorney with the law firm of Law & Law on October 1, 2018. As you will be returning from additional rather than ordinary maternity leave, and there has been a reorganisation in the meantime, it appears that it is not reasonably practical for you to return to the exact same job given that your employer has now split this into two positions and the original team has been expanded to meet with business needs. Edwina Jones123 Main StreetAnytown, CA 12345555-555-5555edwina.jones@email.com, Regina GarrettManaging AttorneyBDE Corporation123 Business Rd.Business City, NY 54321. 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. I would also comment that if your employer has embarked upon a restructuring exercise affecting your position whilst you have been on maternity leave and yet have failed to properly inform and consult with you concerning that restructure, or indeed failed to offer you the opportunity to apply for the other role, then this in itself may be unlawful discrimination. If you’re returning after more than 26 weeks’, you still have the right to return to the same job unless your employer … You are about to navigate a huge change in your daily routines. If you want to take less leave than this (e.g. 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. Your employer must give you a minimum number of weeks for maternity, parental and adoption leave. For the first four weeks, you will be paid at 100 per cent of salary. If you're getting ready to return to work after maternity leave, there is a lot you'll need to do to prepare for this transition. Parents returning from maternity leave can access the furlough scheme after 10 June Shutterstock . You’re going through a lot of life changes, and that can also change your opinion on whether you want to work. These changes may affect the information on this page. We have not stood anyone down and have no intentions of doing that since the job keeper allowance has been introduced. How to Write a Return from Maternity Leave Letter, Check If You Need to Send a Doctor's Note, Best Resignation Letter Examples to Quit Your Job, How to Write A Resignation Letter Due to Pregnancy. My son is 4 months old and I had paid maternity leave for 3 months. You must tell your employer at least 8 weeks before you’re due to return to work if you want to: stay on maternity leave longer than planned; return to work sooner than planned; Taking holiday. Check out this sample Client Maternity Letter if you have baby brain! [If applicable, include the following:] Enclosed are release papers from my physician stating my ability to resume my job position. These would be the same job function, but 1 or 2 days a month of travel. I know that a woman returning from leave has the right to return to the same job on the same T&C's but what happens if the job has changed or needs to be changed. If you take all the maternity leave that you are legally entitled to (Ordinary Maternity Leave plus Additional Maternity Leave), you are due back to work on the day after the end of the 52 week period. On 26 November 2020, there were changes to the unpaid parental leave entitlements in the Fair Work Act. Have any of you quit a job right after maternity leave (or seriously considered not returning after maternity leave), only to go to a new job immediately after? 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