2 mat leaves in a row and not sure my job exists any more

[elmo1980]

I've been on mat leave since Dec 16 apart from 4 months earlier this year when I went back before leaving to go on mat leave for dc2.

When I left I was a manager in a team of 2, my colleague took on most of my responsibilities so I wasn't technically replaced.

Since then they have recruited a further 2 people into my team and are looking to bring in someone above me.

I am struggling to see what work there will be left for me when I return next year. However I don't think they can just make me redundant without putting me up against my colleague (without going into detail there is no way they will make them redundant). I have been there longer than them and have a lot more experience so they would struggle to justify keeping them over me.

I don't want to return to a job where I will be twiddling my thumbs but at the same time I can't afford not to go back. There are no other jobs near me that are similar to my line of work or pay anywhere near what I'm on now so the only way I can go is if they effectively pay me off

I think this is something they would be willing to do but would I be stupid to suggest this to them when I meet with them in a few weeks?

What do you want - do you want to return to work or do you want to be paid off? I think I'd meet with them, see what they're offering and then, if it doesn't suit then you could offer to leave with a payout instead. I think I'd want to hear their offer first though.

You'll have been out of the work place for more than two years when/if you return. The org has moved on a lot in that time and I'd caution against thinking just because you have more experience will qualify you. Whose face fits better?

You may end up just being given menial jobs. They may even be wondering if you'll stay if you come back.

Proceed carefully...

If you're not due to go back until next year I wouldn't worry about it. Things change at work in that time. They are obliged to offer you a position that is suitable for you and on no less favourable terms and conditions than you were on prior to maternity leave. If there is no such position available then they could potentially make you redundant, but keeping your maternity cover instead of you would be very unlikely to be lawful.

I wouldn't suggest to them that they pay you off. That will give the impression that you don't want to return, therefore removing incentive to pay you off as they will think they don't need to as you are likely to resign anyway! When the time comes, see what happens and what they offer you.

That's exactly what I'm worried about - that by offering to be paid off they will think I just want to leave anyway but with a cash bonus.

A lot has changed since I left it's a very different company so ideally I would rather not go back but I take on board comments about proceeding with caution. I don't want to talk myself out of a job and be left in a vulnerable position financially.

Perhaps I will just mention that I'm concerned about how my role has changed and what would be expected of me now, bearing in mind they have effectively coped without me for 2 years.

I work in HR - if they want to bring you back, settle you back in and then put you at risk further down the line (alongside your colleague) and select you out, I think you'd find it hard to argue a case of discrimination or unfair dismissal. Very easy for them to select on 'skills' and favour the person they want to keep. Happens all the time and i've even been asked to re-jig people's scores before so the manager can keep the person they want.

”by offering to be paid off they will think I just want to leave anyway but with a cash bonus.”

I would definitely think that I’m afraid. Express your concern is a good idea but don’t hint about not wanting to come back/wanting to be paid off.