My understanding is that she is that she should get her old position back or one of a similar nature. Don't hold me too it.
She should check with your state industrial relation office. NSW has following
27. What obligations does my employer have?
Your employer must not dismiss you because you are pregnant, have applied for or are on maternity leave. Your employer should inform you of your entitlements to maternity leave and how to access the leave, when you inform them of your pregnancy. Your employer must grant you the leave and provide you your same job when you return.
If your job no longer exists but there is another job that you are qualified to do, you may be entitled to that job if the salary and status are comparable to your former position. If you are a regular casual employee, this means you may be entitled to be employed in a comparable position on a regular basis. If there is no job available comparable to your former position you may be entitled to redundancy pay.
Your employer must keep all your written notices about maternity leave including letters and doctor's certificates for six years (NSW) or seven years (federal).
If you are having difficulty resolving problems about your entitlement to maternity or other leave, or your right to return to your position after maternity leave, in addition to the OIR, the Office of Workplace Services, the Anti-Discrimination Board, the Human Rights and Equal Opportunity Commission, or your union may be able to assist you (see the List of Contacts).
If your employer does not meet the obligations of the Industrial Relations Act 1996 (NSW) you can lodge a formal complaint in writing with the OIR. Your complaint will be investigated and your employer may be prosecuted and fined. Under NSW law your employer may face fines of up to $11,000 if you are not provided with your old job back after returning from maternity leave.
- Forums
- General
- ir question
My understanding is that she is that she should get her old...
Featured News
Featured News
The Watchlist
NUZ
NEURIZON THERAPEUTICS LIMITED
Dr Michael Thurn, CEO & MD
Dr Michael Thurn
CEO & MD
SPONSORED BY The Market Online