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

[questionsss]

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 ?

I'd speak to pregnant then screwed just for some advice https://pregnantthenscrewed.com/help/

Is it the case that you are being financially penalised(e.a commission based/sales role/bonus system etc)from having to share an area and customers ,as I can see that could be an issue….if so ,will the figures ultimately prove your point about not enough work for 2 ???do you work by sales targets or have regular performance reviews ….if this is the sort of scenario (rather than you get paid exactly the same amount whatever number of customers you have) ,then I can certainly see why you might need to pursue it. I can’t understand why your manager hasn’t been explicit as to why 2staff are now needed as opposed to 1 as it’s pretty obvious there’s been a change in their expectations if you did the exact role f/t on your own pre-mat leave. Surely they must want you both to grow the customer base somehow as it makes no sense financially for the company otherwise (unless they were hedging their bets on you leaving or asking for part time).

Can you not just enjoy having a nice easy job? Or is it commission based?

Why does doing less work make your job harder?
You got your job back after maternity. Same role, same area. It is a business decision to hire more people for a role. They haven't done anything wrong. It sounds more like you and the other person are just annoyed because you're no longer Queen Bee of that particular role and don't like having to share.

I’m reasonably certain the OP is seeing a financial impact (commission, bonus etc) from having to share a client book or similar. I also wonder if the person hired wasn’t told about the maternity situation.

In all kindness I can’t quite work out what’s true and what’s not as the more I read the more it seems quite cryptic, but as a head of department myself (and somebody that also has a lady on maternity leave) I wouldn’t think twice about hiring another head whilst you were off, and in fact I’ve done just that recently. It’s in no way replacing my current lady on MAT leave but hiring on fixed term contracts and temp staff isn’t ideal, where as I received better candidates and permanent staff that I could dedicate time and training to by hiring permanent. When (and if) my lady returns the role can be shared, and it will allow for cover during times of annual leave and sickness. I also see it as relief for when she is off or may need parental leave as the work isn’t left building up for her on her return. If it turns out there’s not quite enough work I can create some, I wouldn’t put anybody out of a job. I see no wrong in what the employer has done, they’ve done it to cover their own backs whilst you were off and it’s going to alleviate a lot of pressure for you in the long run something id expect an employee to appreciate? Remember, even when people confirm they are returning they can still change their mind giving notice (which usually becomes the 4 weeks annual leave they’ve built up being on MAT) leaving the employer in a pickle. We have to cover all angles x

I had a very similar thing happen to me. I didn't take the full 12 months but I did reduce my working hours, so I didn't have a leg to stand on (even though the way the hours fell, my 'temp' cover didn't need to be kept on to facilitate my reduction in hours).
It was absolutely soul destroying to come back to. All of my tasks had obviously been shared out in my absence and I never got them back. I had to scrape around for work for four years before I relented and found another job. Which I hate. I loved my previous job. And I'm utterly miserable now and in such a bad place. So I get you OP, I really do.
I'm not sure if you have any comeback though. Are you in a union? Could you contact ACAS for advice?

Maybe your employers want to grow the dept you work in and increase their sales/profits?

Rather than whinge just try and consider your positive position - a full year MAT Leave for one - and that once you have dc nothing is set in stone - the dc have their own lives (get sick, don't behave, etc) and this can impact your work.

There might be some goodwill you might need to draw upon over the next few years so don't use that up too soon.

Yes it's that kind of thing that's impacted indeed. I don't have a task based job at all. I don't have ' work that piles up ' while I'm away. I always work, even when I take holidays as it benefits me to do so. If I don't do it, it can't wait and no one does it in my absence either. I just get on with it, as I won't get paid what I need, unless I get on with it. It's bonus/ commission based.

They definitely wouldn't need two people in my work area. If they did, they would also have hired another person in another work area, but they haven't. But ultimately I really can't be bothered with the stress of trying to prove it, although I could. I'm also not up for having a reputation of making trouble etc. I'll just put up with it until I find another job.

When I returned from my last Mat leave, I got a rubbish deal too ( different company ). But they didn't rehire for my position. I was obviously given a rubbish area to work on etc. I tried to make it work, but it was an uphill struggle, so after a while. I can't be bothered to go through that again and no doubt this one will be worse. So I'll cut my losses sooner. It is what it is.

I meant, I left my last job after a 5 month struggle.

I was in a similar position (although not on commission) and I knew it was part of a ploy by the CEO to get rid of me. Unfortunately for him, the person they hired was actually super reasonable and we ended up working really well together and are still friends now. Although CEO had the last laugh by relocating the roles overseas while I was on mat leave again, at which point I admitted defeat and took voluntary redundancy. You probably have a good sense if it’s genuine or there is skullduggery afoot and can plan your strategy accordingly.

OP I understand how hard it's been for you, especially with the financial impact but also feeling bored and useless without a good amount of work.
I was on the other end of this at a previous job (as the maternity cover). I left pretty much as soon as my colleague was back, because I was dreading coming into work day after day to a job that felt "made up". I have to admit, I was also dreading the small talk and social interactions with said colleague as we were very different people and didn't particularly gel. Meanwhile our boss insisted that the company needed 2 of us, which was honestly bonkers. I'm so glad I left.

I had similar but they hired just before I went and gave him a more snr title. It was infuriating as there wasn't enough work for me let alone him. I was also meant to report into this person despite the fact I'd never meet him.

Anyway I couldn't be bothered with the stress and got another job on mat leave. They've done similar with 2 other women since. Told them when they returned there's no role available despite hiring direct replacements with the same titles while they were off.

It is bad not to take a stand but I couldn't face it and reading 'pregnant then screwed' it happens all the time (as you know with this being the 2nd time).

I don't have ' work that piles up ' while I'm away. I always work, even when I take holidays as it benefits me to do so. If I don't do it, it can't wait and no one does it in my absence either.

This is actually proof that a second person IS needed then, you shouldn’t be working during your annual leave. I assume they can prove you’ve been working during prior leave so there’s their “business need” reason.

This is pretty normal. One of my first jobs was a maternity cover with the intention of keeping us both on and extending the team when we were back. When I went on maternity my replacement was permanent with the intention of keeping us both on also as there were some additional tasks they knew would be coming over into our team longer term. If you are worried I'd definitely raise it with your manager, perhaps there is something you just haven't been told of yet.

Speak to pregnant then screwed!

If you take a year off they only have to give you a job back when you return not the one you used to have, maybe they suspect you fof going part time on return so got someone else in, maybe workload has increased alot in the last year?

recruiting a high quality replacement for a one year contract might have been tricky hence the permanent contract. You can only keep doing your job well, communicate with this other individual and split the workload fairly. I’ll be honest with a 1 year old having a reduced workload sounds like a positive not a negative- could you focus on how to make it work for you not the negatives of having another person to do it alongside?

Speak to pregnant then screwed, if you're made redundant or you are being financially impacted you would have a case as the company hired someone on a perm basis to cover for you.

OP I’ve been in this position on both of my Mat leaves. Last time the cover was given a bit of a made up job and left and this time, I’ve been given a bit of a made up job. However with two kids I’m going to see how it goes.

for you it sounds more problematic though if the cover is taking your work and that’s impacting you financially. My situation isn’t like that.

do you have a good relationship with your boss? Could you speak to them about how you’re feeling?

No, you don't get it. Everyone works on annual leave, if it's required to close a deal. Usually you'd try to take your leave during a quiet period, but if something comes up, you do it. It's not ' just me ' and ' proves I have to much work ' at all. It's an expectation of the job, for everyone. We need to meet our targets, that's the priority. Otherwise you don't get paid your bonus and you eventually get fired. So yes, if you're having a good year, targets all met, you can switch it off.. if not, you better be available in case someone throws you something or a request comes in, because it might help you / the company. I don't actively work on leave, I just skim through stuff and if something that's going to help me comes up, I do it.

Why do you think they created a second post if not because they saw a business opportunity?
Do you work in skills shortage area or do you think it would have been easy for them to cover with a fixed term post?

The fact it's sales makes more sense. They figure if there are not enough existing leads and customers, you'll hustle til you get more, so win for them. Equally, if you don't, they don't pay a commission/bonus, so again, win for them. Meanwhile, you are left with lower take-home money and a more stressful job of fighting over potential sales with the new guy. They could argue they didn't hire the corresponding other roles until the sales pipeline was coming in. And I'm guessing you're in the type of sales/company that can be lucrative but it's also very cutthroat.

So honestly, start looking elsewhere; it would be very hard to prove that this was about pushing you out as opposed to them taking a gamble on more sales. And yes, that is galling, and not in the spirit of supporting women coming back to work, but if it's the kind of company I think it is, they will skate close enough to the line to not break the law but enough that financially it doesn't work for you.

You have no way of knowing for certain that they wouldn't have recruited an additional person.

They can legitimately claim to having a need for 2FTE for the business.

i would focus on whether you believe you personally have suffered a loss in status as a consequence of going on maternity leave and returning to your job. That's where the law comes to the fore, not whether or not another person has been added to the workforce.

Ok but what you don’t get is that there is a big difference between an unspoken cultural expectation of your workplace, and how they can present this externally when it comes to justifying this additional recruitment. If you are working on your annual leave, unless you have evidence that you have been asked to work in annual leave, is one such example.

It sounds like you are frustrated OP with a lot of these responses, but I’m not sure what it is you are looking for - this additional hire could be perfectly valid from a business perspective, but not ideal for you, or they could be using you being on maternity leave to push you out of your role, and I think you need external advice from someone you can share all the details with to understand what the options are.