On maternity, where has my job gone?

[flowersand]

Hello mums! Looking for some HR advice.

I'm on my second maternity leave from my company. While on this maternity leave, a smaller company merged into my company. I have since discovered that someone from the new company is now working in my department, in my role. I previously had maternity cover whose contract has been terminated early. I believe the new person in my role is a permanent position... which leads me to question where has my job gone...?

I'll be addressing this with my company, for clarity on my role.. but wanted to get some thoughts on the situation. I believe they are waiting me out, expecting me to say that I won't come back. Or if I do decide to come back, will then put one of the roles up for redundancy.

Is this legal?

I'd love to hear your thoughts as this isn't something I've ever really had to deal with before!

Thanks

Yes it is legal to 'wait you out'. Previously they were paying for cover, which they currently don't need. The issue of 2 staff 1 role won't kick in until you start planning your return.

If you decide to return then you may be right that there is a potential redundancy and it may be a competition for one job between you and this individual or it may be that the role changes slightly and the other person 'slots' and you are made redundant. However most companies are very careful to avoid any concerns about discrimination around maternity leave so they will want to ensure the process is fair. Are you planning on going back?

Good luck