Ending Casual Work and Beginning Maternity Leave

J

jellybeanz

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I (along with a colleague) was reduced to a 3 day week in April 2013 due to funding cuts. We've now gotten the good news that we are being reinstated to full time work but we don't have a definite date yet.

The problem is, I'm going on Maternity Leave at the end of January - firstly, I don't know if I'll be reinstated before I go or not, and secondly, I've been informed by my Union Rep that even if I am reinstated to full time hours before I leave, I may not not be entitled to my full wage while I'm gone.

The issue is not that the company won't top up the Maternity Benefit to match my wage. If I hadn't been on a 3 day week, they would have continued to pay my wages as normal. I'm aware that they're under no obligation to pay me at all during ML, but their policy is that they do.

The issue is that the Union Rep says they will only top it up to the 3 day week wage, because I won't be entitled to my full wage because of being on a 3 day week since last April. I don't fully understand why this is, or even if it's accurate. Others have said that even if I get paid one weeks full wage before I leave, that they have to continue this when I'm gone.

My question is, is she correct in saying that regardless of whether or not I'm reinstated before I leave that they still may not pay my full wage while I'm gone even though their policy is that they top up the balance of the Maternity Benefit to match your wages?

And secondly, if she isn't correct but I'm not reinstated until after I leave, can my wages increase while I'm gone or will they wait until I return in August? I know that legally you cannot be negatively impacted while on ML, but can you be positively impacted?

Note: My employers are genuinely not out to get me, they will not be looking to save the company money to my detriment so if there is a way around it, they will take it.
 
Really it depends on the rules your employment follows for this or what has happened in the past and set a precedent.

Other than that there is no right or wrong way I can quote to you.

Is there a handbook?

Can your union rep investigate if this issue has ever come up before and what the resolution was?
 
Whatver date is chosen by the company to put people back on full time hours will apply across the board. Sof if the week after you leave your colleague is put back on fulltime hours then this should apply to you as well and your maternity leave topup should show that accordingly. It is the social welfare part which is based on what you were earning int he previous year not the top up.

I would go to the full time union official about it rather than your union rep as reps are not up to speed on everything.
 
Thanks partnership, that sounds heartening. I asked my Union Rep to do that on my behalf and she came back with a very confusing answer so I'll speak to them directly myself to see if I can clarify things. I would have assumed the same, that whenever the full time hours came into effect they would be reflected in my wages immediately, regardless of whether I'm gone or not, and my line manager agreed. But the Union Rep is saying she's not confident they will pay me full time while on ML at this stage, again, she hasn't explained why. I feel it would be discriminative of them to increase my colleagues wages and not mine, and they would be very keen to avoid that. Especially since I have 7 years longer service than he.

Guinea pig - there hasn't been a precedent, I would be the first. But there is a comprehensive staff handbook, in which it says "employees will be eligible for paid maternity leave for a period of 26 weeks after 12 months continuous employment with ___" - I've been there for over ten years, so that's not a problem. It doesn't say anything about having to be in receipt of a certain amount for a specific length of time in order to receive it while on ML.

I'll be in touch with the Union Official today and hopefully I can get clear answers. Thanks guys for your responses, I really appreciate it. I could do without this stress so close to my due date.
 
"employees will be eligible for paid maternity leave for a period of 26 weeks after 12 months continuous employment with ___"
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If there is no precedent and no instruction in the handbook, then yes, I would say that when/if the other employees hours are increased to fulltime hours then your pay should also reflest that. It would be very brave of your employer to treat you differently.

Think of it this way, if you were going out on paid sick leave for the next 8 months,what would they pay you, would they leave you at the P/T rate until you got back?

There are two factors at play here:

The private running of a Maternity payment scheme in your employment.

And your equality as a person on maternity leave compared to your other colleagues.

The employer can decide who gets paid what while on mat leave,but they have to ensure that all employees are treated the same without discrimination.

Best of luck!
 
That sounds about right to me Guinea pig, they won't want to discriminate against me. The company is usually very fair and does things very by the book, so I know they're not out to get me. The only thing that may hinder this is some sort of Employment Law that I don't know about. At this point, I only have the guesswork of my Union Rep - my employers haven't said anything about not paying me. In fact, my line manager has stated that he will do everything he can to ensure I get full time wages before I leave, he just can't make any promises obviously. Anyway, thanks a million for your help. Hopefully it all works out!
 
Do you have a HR person in the company and have you spoken to them? If you do, I'm not sure of the need to go through a union on this matter.
 
Deas said:
Do you have a HR person in the company and have you spoken to them? If you do, I'm not sure of the need to go through a union on this matter.
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No, we don't. I went through her purely because I felt she had the access to the right resources to find me a clear answer. I didn't approach her with a fight in mind, just that she might have a better understanding of the relevant employment legislation.
 
Updated

I've just been informed that I won't be reinstated before I leave, that the extra funding required hasn't come in yet - it won't be in on time, and that they cannot afford to move money around or pay me from a different pot in the interim.

My question now is, (and obviously I've asked my manager to find out) will they reinstate me once my maternity leave has commenced? I don't know if this is important or not, but my colleague who is paid with the same funding as I am, and who has 7 years less service than me will be reinstated immediately.

As I've said I've asked my manager to find out, but I don't think he'll be able to deliver an answer very quickly so any advice is appreciated.
 
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