Have filled my job

[Firstchild7]

Poped into work this morning at 39 weeks +4 and they have filled my job while I am on maternity leave I don't know what to do

Huh what? They need to cover you whilst you are off, that’s quite normal? Do you mean they’ve fired you and hired someone in your place because that is unlawful?

Do you mean they have replaced you permanently or covered you whilst you are on maternity leave?

Nope not cover filled with a premnent contact

How do you know that's what happened? Did they tell you? How long were you in the job? You need to contact ACAS asap for advice.

Who did you think was going to do your work if you're not there? It's quite normal for businesses to hire someone else to cover maternity leave.

I'm not sure really what you mean by 'i don't know what to do'. You have your baby, enjoy them, look after them for somewhere between 3 and 12 months ish, you then give at least 28 days notice to your employer that you will be returning. If you've been off more than 6 months I think they can offer you something equivalent to your job, though most people go back to the same job. If less than 6 months, you will go back to the same job. It's up to them whether they keep the other person or not but it shouldn't affect your employment.

Or is there a bit more to this than you just being surprised by someone else doing your role?

A supervisor told me when I questioned y he was in a permanent contract when it should be secondment. They have not fired me tho. I asked for in writing that my job would be there when I came back he refused to do so now I see y. I have been there 7 years, am getting smp for my matunity leave

A supervisor told me when I questioned y he was in a permanent contract when it should be secondment.

They may well be planning on moving him into another role when you come back, or if you're planning to take more than 6 months off, moving you into an equivalent role instead of your old one.

Legally if they don't give you the same job (under 6 months) or an equivalent (over 6 months) back then you have an issue, but right now you're overreacting. You're on maternity leave so go and be on maternity leave. Notify your employer 8 weeks before you plan to return. End of. They can fill your role in the interim however they choose, as long as you return into an equivalent role after your leave is over.

How long are you planning on being off ? As other pps have said if it’s 26w or less then you must be given the same role. If more then they don’t need to but they need to give you a similar one.

It’s up t them whether they replace you or not in their absence. I’m not going to be replaced , just went through a redundancy period to save cash so for sure they will save every single penny. So it’s up to me when to go back , still I’ll do it before 26w.

Enjoy your last days of your pregnancy and when baby is born. Worry about the job if they tell you you can’t go back to it when you decide to

Maybe I am being unreasonable then seems this is normal I really upset tho worked really hard to get to where I am in my job I thought they had to put my back into the same role I left nevermind, they have been difficult with me ever since I told them I was pregnant. Sorry for post I didn't know it was normal to do that

As long as you come back within 6 months they MUST.

This link might help you www.citizensadvice.org.uk/work/rights-at-work/parental-rights/maternity-leave-your-options-when-it-ends/

Thank u daisyland that is very helpful

Call ACAS for a chat, they’ll talk you through and sort everything that needs doing, they’re fab.

But there isn't anything that needs doing at the moment...? It's up to OP's company how they cover her role while she is on leave - no cover at all, temp cover, new permanent employee.

OP, no harm in being clear on your rights and obligations but your company haven't done anything wrong, and I really wouldn't get riled up about it or get into it with them unless and until they do.

Thanks somehowsomewhere

I can totally see why you are upset OP. I too have worked really hard to get to senior management and if I was replaced by a permanent employee I would be gutted.

I'm fairly senior and the person covering my role while I'm out is joining the business on a permanent contract. I'm not worried - our team is growing, I do plan to take more than 6 months out so I know I won't necessarily get the EXACT same set of responsibilities back. I'm confident there'll be plenty for me to do when I return and that I have the organisation's support.

If you're going to take 12 months out of work you have to accept that they'll go on without you, and that things will have changed when you come back, possibly including the nature of what you do.