Job advert when on maternity leave

[DefinitelyNotMe]

i'm currently a few months into maternity leave. Popped into work last week and my manager gave me a job description to look at which will be advertised shortly. Just got round to reading it, and a significant chunk of the work is my current job! Basically if someone is recruited to this post I will come back to have lost about 40% of my work, mostly the more senior elements (and the bits I enjoy!).

Can he do this?! There has been no discussion of changing my job description and I've always been clear that I want to come back full time. I'm aware that business needs change etc but I've only been gone 2 months and there was no discussion before I left...

Could it be that workloads have increased so there is more to be done?

Not really, I recruited someone 6 months ago who does a large chunk of what I used to do...

Is he suggesting you apply?

How long are you planning to take off? Isn't the rule that if you return after 6 months you should be able to return to your role, but if you take off longer than that (up to a year) you are only entitled to return to a role with the same pay - this could be any role as long as they pay you the same.

It still sounds odd to me but you're obviously in touch with your employer so the obvious thing to do is talk to them about it. As StealthPolarBear says, they might be suggesting you apply.

He said I can apply but there's no guarantee I would get the job, and there could be at least one more internal candidate. But it is compounded by the fact I don't have formal maternity cover, it was never advertised so what I usually do is currently covered by 4 other people.

chocoroo that's interesting, I didn't know that.

Chocoroo is broadly correct. If you return after 26 weeks or less you are entitled to the same job on the same terms and conditions as if you hadn't been away. If you are off for longer than that your employer can argue that it is not reasonably practical for you to have the same job, for example because the job no longer exists. In that case they must offer you alternative work on the same terms and conditions.

Even within the first 26 weeks they can make you redundant provided you aren't being selected because you are on maternity leave. If that happens they must offer you any suitable alternative job in the company even if there are other employees who are more suitable.

Thanks prh47bridge. I'm surprised that it they are actually recruiting someone to do a large chunk of my work when I'm 2 months in to my maternity leave though. It seems implausible that they would have recruited someone to do this work if I was still there...