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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Rehiring for my job on a permanent basis while I was on Mat leave

146 replies

questionsss · 12/05/2023 08:33

I am due to return from Mat leave ( 1 year ) soon.

I've just learnt that they've rehired someone for my position and don't plan to move me or them when I return. The role this person has, is only for one person and before I left ( it was my role obviously ). This person wasn't hired as a maternity cover or anything, just a full time employee.

I fear that this might be difficult when I return, as there isn't enough work for both of us.

Is this a normal thing for my company to have done ?

OP posts:
NCGrandParent · 12/05/2023 08:35

Are you in the UK?

tweener · 12/05/2023 08:36

Is it possible they think the workload will have increased to two full time workers by the time you return?

NCGrandParent · 12/05/2023 08:36

If so, I think you need to get as much clarity as possible before you plan your next step. On the face of it it sounds discriminatory.

Original poster
questionsss · 12/05/2023 08:37

NCGrandParent · 12/05/2023 08:35

Are you in the UK?

UK.

OP posts:
Original poster
questionsss · 12/05/2023 08:38

tweener · 12/05/2023 08:36

Is it possible they think the workload will have increased to two full time workers by the time you return?

No. If I hadn't left, they wouldn't have hired the person.

OP posts:
Paq · 12/05/2023 08:39

You need to understand your entitlement. Depending on how long you take for ML you are entitled to either your specific job back or an equivalent role. Pregnant Then Screwed can help.

BernadetteRostankowskiWolowitz · 12/05/2023 08:39

Have they hired this person with your exact job title? Or do they have a different title and once you return they will move to another task?

Original poster
questionsss · 12/05/2023 08:40

BernadetteRostankowskiWolowitz · 12/05/2023 08:39

Have they hired this person with your exact job title? Or do they have a different title and once you return they will move to another task?

Same job title.

OP posts:
FfeminyddCymraeg · 12/05/2023 08:40

As you’ve taken a full year off (additional maternity leave) you don’t have the guaranteed right to return to your previous role. They have to have you back and the role you do can’t be no less favourable in terms of salary, seniority etc. but it doesn’t have to be the exact role you left.

Could it be that you’re going to be expected to do something different?

tweener · 12/05/2023 08:41

questionsss · 12/05/2023 08:38

No. If I hadn't left, they wouldn't have hired the person.

Show quote history

In that case you need to consider what you're actually entitled to. If you take more than the first 26 weeks (from memory!) I believe you're only entitled to an equivalent role on your return. Less than 26 weeks and they have to give you your exact role back.

FfeminyddCymraeg · 12/05/2023 08:42

*can not can’t

Original poster
questionsss · 12/05/2023 08:42

FfeminyddCymraeg · 12/05/2023 08:40

As you’ve taken a full year off (additional maternity leave) you don’t have the guaranteed right to return to your previous role. They have to have you back and the role you do can’t be no less favourable in terms of salary, seniority etc. but it doesn’t have to be the exact role you left.

Could it be that you’re going to be expected to do something different?

I'm aware of that.

I am not being given a different role. I'm just sharing my role with someone of the same job title.

OP posts:
Teeingup · 12/05/2023 08:43

How horrible. Problem is that legally you only get your exact job back if you go back after 9 months iirc. Might be time to update the CV and put the feelers out - just in case it’s a bunfight when you get back.

honeylulu · 12/05/2023 08:44

This happened to me on my first maternity leave. I think they assumed I would not come back/would take a longer maternity leave than I said/want to be part time. There wasn't really enough work for both of us but luckily I was more experienced so more of it fell to me and the new guy was left as a bit of a spare part. He left after a few months and I felt a bit sorry for him.

I think the law is if you take more than six months ML they don't have to give you back the exact role and can give you a similar one as long as the terms and conditions are no more disadvantageous. It's it possible they might be "moving you sideways"?

Original poster
questionsss · 12/05/2023 08:48

honeylulu · 12/05/2023 08:44

This happened to me on my first maternity leave. I think they assumed I would not come back/would take a longer maternity leave than I said/want to be part time. There wasn't really enough work for both of us but luckily I was more experienced so more of it fell to me and the new guy was left as a bit of a spare part. He left after a few months and I felt a bit sorry for him.

I think the law is if you take more than six months ML they don't have to give you back the exact role and can give you a similar one as long as the terms and conditions are no more disadvantageous. It's it possible they might be "moving you sideways"?

I don't think a sideways move exists for my role exists.

OP posts:
coffeecupsandwaxmelts · 12/05/2023 08:50

I am not being given a different role. I'm just sharing my role with someone of the same job title.

I don't understand why that's a problem?

drpet49 · 12/05/2023 08:51

Why don’t you wait and see what the arrangements are when you actually return to work rather than get all worked up about it now.

Or actually ask your work???

Original poster
questionsss · 12/05/2023 08:52

coffeecupsandwaxmelts · 12/05/2023 08:50

I am not being given a different role. I'm just sharing my role with someone of the same job title.

I don't understand why that's a problem?

It will make my work much harder and it will make the work of the new colleague harder as well, as we have to share an area and there's not enough to go around.

OP posts:
Dillya · 12/05/2023 08:52

What did your manager say about it when you asked them?

FfeminyddCymraeg · 12/05/2023 08:54

Well, if there’s genuinely not enough work and it ends in a redundancy exercise you’d probably be in a stronger position than the other person to secure it.

There is a Bill on its 3rd reading which will extend protection to mums returning from maternity leave for 18 months - if it gets passed then you’d have to be given the role.

https://bills.parliament.uk/bills/3191

coffeecupsandwaxmelts · 12/05/2023 08:54

@questionsss but with respect, you don't know much work there is to go around as you've been out of the business for a year. A lot can change in that time.

As long as they're not denoting you or changing your pay, I don't see an issue with them bringing in a second person to do your job alongside you. It happens in businesses all the time.

brunettemic · 12/05/2023 08:55

how have your keeping in touch days/calls gone and what did they say when you raised your concerns with them?

Original poster
questionsss · 12/05/2023 08:55

coffeecupsandwaxmelts · 12/05/2023 08:54

@questionsss but with respect, you don't know much work there is to go around as you've been out of the business for a year. A lot can change in that time.

As long as they're not denoting you or changing your pay, I don't see an issue with them bringing in a second person to do your job alongside you. It happens in businesses all the time.

It's just not what would have happened, had i not been away.

Perhaps I'm not telling the entire story as I don't want to be identified. Maybe I'm already back.

OP posts:
RitaCrudgington · 12/05/2023 08:56

honeylulu · 12/05/2023 08:44

This happened to me on my first maternity leave. I think they assumed I would not come back/would take a longer maternity leave than I said/want to be part time. There wasn't really enough work for both of us but luckily I was more experienced so more of it fell to me and the new guy was left as a bit of a spare part. He left after a few months and I felt a bit sorry for him.

I think the law is if you take more than six months ML they don't have to give you back the exact role and can give you a similar one as long as the terms and conditions are no more disadvantageous. It's it possible they might be "moving you sideways"?

Yes I'd guess that they saw a good candidate and gambled that the OP would want to come back part time or not at all.

It could prove to be a bad mistake on their part.

OTOH maybe they're not idiots and have a fall-back plan for the OP's FT return, possibly expanding the role, or maybe they know something she doesn't, that the company is going to grow or change in a way that will provide more work for the role.

Basically you need to talk to them OP and ask them their intentions.

namechange3394 · 12/05/2023 08:56

coffeecupsandwaxmelts · 12/05/2023 08:54

@questionsss but with respect, you don't know much work there is to go around as you've been out of the business for a year. A lot can change in that time.

As long as they're not denoting you or changing your pay, I don't see an issue with them bringing in a second person to do your job alongside you. It happens in businesses all the time.

Yeah, this.

Have you asked your manager how they envisage it working?

This would be entirely normal in my workplace.