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Blonde_Bunny
06-11-2012, 11:19 AM
An employee has been on unpaid maternity leave since June 10, she took her first 52 weeks and then asked for another 52 weeks in April this year. She is now due back in June 2013. She has informed us she has fallen pregnant again and would want another 52 weeks from June 2013 (then potentially have her second 52 weeks after that) What is she entitled to? It seems crazy she could have a job for 4 years but not be “employed”
Thanks

Qld IR Consultant
07-11-2012, 07:49 AM
Technically she is employed, she's just not physically at work performing any duties. In short there isn't anything you can do that I am aware of. And i certainly wouldn't want to be the first one to try and do anything....this has discrimination written all over it if you give her any hint of taking any steps to do anything....Happy to proven wrong by others in the forum who may have had any experience dealing with such a situation however....good luck!!

Tiger
07-11-2012, 08:38 AM
Unfortunately, she could on for five years like this! I agree it is ridiculous but I had a similar situation 18 months ago at the employee's first request (ie didn't return after the first period of M/L) so contacted FWA.

Have to admit they were stumped and the Supervisor there ended up getting involved with my question.

Bye the time she stops having kids, it goes without saying, the likelihood of her job still being anything like what she left will be slim. In the meantime, the poor employer is left having to extend fixed term contracts - reality here is that won't suit the fixed termer replacement so you could end up with several different people (with all that entails) in the job.

It's time the Labor Party got real on this stuff. I think this particular issue which is kind of silent in the legislation should be addressed so there it is also fair to employers.

And people wonder why there is discrimination against women of child bearing age!!

Tiger

Cottoneyes
07-11-2012, 11:46 AM
Bye the time she stops having kids, it goes without saying, the likelihood of her job still being anything like what she left will be slim. In the meantime, the poor employer is left having to extend fixed term contracts - reality here is that won't suit the fixed termer replacement so you could end up with several different people (with all that entails) in the job.


Seen a similar situation and sounds like we all got the same advice. The other thing to keep in mind is by the time the 4 years is up (assuming no further mat leave), the employee is able to request flexible working arrangements, so assuming they were in a full time position, after 4 years they return to a job that they then can request to do part time or the like. The person filling in the role full time for the 12, 24 months etc is unlikely to then job share in the majority of cases

Greg Schmidt
07-11-2012, 04:29 PM
Agree with the other responders - if the employee had already completed the required qualifying period of service prior having the first baby, and has remained "an employee, on leave" since then, she will be entitled to a new grant of Parental Leave with the new pregnancy.

However, a couple of minor points -
1) the employee is not necessarily entitled to the "extra" 12 months leave the 2nd time around, even if it was granted with the first baby. The employer may have "reasonable business grounds" to refuse the extended period.
2) The timing of the 2nd period of parental leave is tied to the dates for the new baby - the new period of (up to 12 months, initially) parental leave must start no later than the date of birth. Arguably, the employer could say that the clock starts running on the later period of parental leave six weeks before the expected date of birth (but this is probably less clear). Whatever, there's an excellent chance that the new period of leave will overlap the old period, so the combined absence will be less than 3 years. Still a blooming long time though!