AIBU to expect my job back after maternity, under these circumstances…

[CosyPyjamas]

Please bear with me this is long winded, I’d love some opinions, AIBU? I worked 3 days a week before baby, when I went on maternity they didn’t replace me as the wanted to see how the office would cope. They ended up taking on a full time apprentice (I assume because it’s cheaper). I’ve had almost a full year off work and emailed to discuss my return (due March). I requested the same hours but different days. I knew this wouldn’t be an issue and the person doing these days left the company, leaving a spot open in my opinion. But to my surprise I was told I’d be returning to a different dept as they felt there were enough staff already. I Don’t feel I can complain about it because they’re accommodating my days after all (changing to mon/thur/fri).
But now ..the apprentice they took on after I went on maternity is leaving, rather than allowing me to go back there, they are replacing her and asking me to train the new person, then to commence my new role in different dept. I feel like this is unfair. Should I not be offered my position back in my old dept? Instead of training my replacement as it seems. I mean I won’t do anything about it regardless but I’d love your thoughts…

Legally your job is your job they can't reassign, unless you can do your role in a different department as it were. Seek legal advice either ACAS or your union.

You need to post this in Employment Issues, not AIBU.

@Twinkley21

Legally your job is your job they can't reassign, unless you can do your role in a different department as it were. Seek legal advice either ACAS or your union.

It's different after you've been away more than 26 weeks

I thought to return to the exact same role you had to go back after 6 months. pregnantthenscrewed.com/what-are-my-rights/

Thanks @Chronicallymothering I know it changes after 26 weeks I just thought given someone is leaving and they are taking on someone new, who I will then train, it would be more appropriate to put me back there but I understand it’s not legally my right, thank you for the link!

I mean I won’t do anything about it regardless

Well they can do what they like then.

Are you going to be paid the same amount in tne new job and is it at the same level? I'm sure someone will correct me if I am wrong, but as long as it is, then they can move you.

I would politely decline training the new staff member. Tell them that since you've been on mat leave, procedures are bound to have changed and you will also need to focus on training for your new role. But you're sure someone from your old team would be willing to help.

If you return within six months, you are entitled to return to your old job. After that, you are only entitled to return to a job with equivalent status and pay.

Yep illegal to not keep your job open for you. Contact Pregnant then Screwed.

I think you need to speak to a union rep if you have one, or perhaps the CAB. A! employment law solicitor if you can afford one.

Sorry, but depends on how much Mat leave you had. During Ordinary Mat Leave (OML) which is the first 26 weeks, you have a right to return to your job. If you go into Additional Mat Leave (AML) they are able to provide a different role, but with not detriment in salary/seniority for example.

@Thegreencup

Are you going to be paid the same amount in tne new job and is it at the same level? I'm sure someone will correct me if I am wrong, but as long as it is, then they can move you.

I would politely decline training the new staff member. Tell them that since you've been on mat leave, procedures are bound to have changed and you will also need to focus on training for your new role. But you're sure someone from your old team would be willing to help.

This sort of advice comes up a lot on MN and I'm always curious. Every contract I've had has included some clause on 'and any additional duties deemed appropriate by management' or similar, so you could never just decline to do something. Is it common to say no to certain tasks?

How can you train someone in a role that you have been out of for that long? Surely you would be needing a refresher yourself!

@Kfjsjdbd

Yep illegal to not keep your job open for you. Contact Pregnant then Screwed.

No it isn't.

You're only entitled to the same job back if you take under 6 months leave.

After a year away, your entitlement is to a role with the same pay and conditions as previously. If they have done that they've met their obligation. They're entitled to decide a FT apprentice suits the business's needs better in OP's old role than a PT more experienced person.

Thanks everyone I suppose if I was willing to rock the boat, which I’m not, I would ask them to consider me rather than the new person in my old role. But I realise from a legal viewpoint I’m not entitled to my job back as it were. I guess I am being slightly unreasonable. Il have the same pay, more responsibility, slightly different role, just thankful to still have a job I suppose.

You could ask... you could also suggest the outgoing cover train the new person.
You could also ask for more money if the new role is more responsibility...

Yep - you can only be guaranteed to have your old job back within 6 months. After that they just have to offer you an 'equivalent' role, on the same terms (hours, salary) as the one you left.

They don't have to honour your request to change days (I don't think), so if that part is important to you, it's worth considering how much you want to rock the boat...

You don't have to be thankful to have a job, it is their basic obligation to you. But when you take a year out, things do change and move on.

Try to see the new role as a new opportunity, and it's good that they can accommodate the days you wanted.

Could it be that as the 'apprentice' was full time they've expanded the role to a full time role, want you to show the new bod the part that you did and give you a new role that fits your part time hours.

Providing your pay and T&Cs haven't change it's perfectly legal and reasonable to offer you a suitable role elsewhere in the company after 6 months/26 weeks.

From a retention perspective it's a piss poor decision because your view and possibly your colleagues of them is now tainted, but beyond that there are no repercussions.

Are you a trade union member? They would be able to help you with this.