Quick help needed with letter wording re preservation of maternity benefits/provisions please?(6 Posts)
I am currently on a period of voluntary leave following my ML as this suited both my employer and me. However, before i agreed to it i requested that they confirm in a letter that my maternity protections (ie: return to job of same grade/hrs/pay) would be in essence 'frozen' and hence continue to apply (is it for 3 months?) from my new return date in Jan 2010
They have now sent me 2 letters, neither of which covers this point IMO
the first states that my continuous service has been preserved and T&C's of employment remain unchanged
the second states 'all other T&C's remain unchanged'
I am quite unhappy with this and would like to send them a 'one liner' for them to add to a new letter to cover this point but i am struggling to draft this in 'employment contract terms'
Can anyone help?
I would add that the reason i am so keen to have this is because the role i am to return to has yet to be agreed. This is one of the reasons i am off again as no suitable role was identified (one was found at same grade/hrs/pay but not really great for me) at the time of my original return
Not sure what you mean about the 3 months thing, but basically what you want is some confirmation of your entitlement to return to a suitable job on the same or no less favourable terms and conditions in January as you would have been at the end of your maternity leave, and I would also suggest you request something be put in about what happens if there is not a suitable job available at that time.
Don't try and word it for them, just request that something is put in confirming both those things and get them to draft it.
Thanks Flowery - i had a feeling that the protection for entitlement to return to a 'suitable job on the same or no less favourable terms and conditions' was only valid for 3 months from the date of return? If i am wrong about this then i guess it is not such an issue (i will be returning c.7 months after end of official ML)
I have asked them twice to draft something in this regard and as you can see they have just churned out standard clauses for the letter
This time i will request it by email so at least my request is in writing as everything else has been by phone
COuld you clarify how long the entitlement protection lasts for, if indeed there is a time limit? Thanks
Well the protection lasts as long as your maternity leave - i.e up to a year which is how long maternity leave can be. You are entitled to return from your maternity leave to a suitable job on no less favourable t&cs.
Once you are back from maternity leave, (to a suitable job), you then get the same protection as anyone else against any attempts to change your t&cs. You are then 'normal' if that makes sense, unless they do anything that you can argue is beause you took maternity leave.
That's why it's crucial you get in writing what you are entitled to come back to, as you are no longer on maternity leave. You are 'back' from maternity leave; your maternity leave and the specific rights you have during it have ended, and you are now on (presumably unpaid) leave the terms and conditions for which should be agreed between you and your employer.
Ok, great thanks. I am on some pay but i want to get the point re hours sorted as i am currently on 16hrs per week and this is something i definitely want to keep.
I will send an email requesting the confirmation of entitlement to return to a suitable job on the same or no less favourable terms and conditions in January and see what they come up with
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