refusing to give my work back

[Cherrybalm]

hi all,

I have been on maternity leave for 6 months, due to go back in a month. my colleague who is covering my work is now refusing to give me back my area of expertise. I can't say too much what that is because potentially outing but I have a feeling because of the pandemic she doesnt want to become expendable as the work I do is a fair amount. I do get it, I really do but I have been with the company much longer and all my external customers are expecting my return. she is digging her heels in, causing a scene about it and citing how unfair it is that she trained to cover me and is now having it removed. surely when you agree to cover someones maternity you know full well that it is a cover position?

its made me dread returning now

When are you due back? There are actually rules about when you can be contacted during maternity leave, if the email was sent whilst still on it that's not good. Have you spoken to your manager directly? If it's feasible I would arrange a KIT day (so you get paid) and schedule in a meeting, if your manager refuses then CC in HR. Over 6 months they still have to have a robust reason as to why you cannot return to your previous job, which they don't have as the job is still there. Unfortunately whereas thus is the type of situation where a manager should come into their own and be familiar with the law but also with supporting their staff (your 'replacement' was aware surely it was mat leave cover so hasn't been misled), you quite often have to throw some legislation at them and direct them to sites like acas. I would try that first, or even an email with links, sad that it's the case but here we are as women in the workplace. If no luck then involve the union, but if the info is offered on a plate and you make it clear you aren't happy with it then you'll probably be successful; sounds like she is trying her luck hoping you'll just accept it, but don't!

If this were me I would tell the boss ' I'm doing this' and just do it. Don't ask. Tell. You don't need a referee or the boss to arbitrate. It's your fucking job and they are your fucking customers!

Wait till she's out and get the files and ring the customers. Tell them you are back. Take them home (if paper). Change the password if digital. Put your name on them if digital. All hell will break loose but so what?

See the boss and say I've done this. Spoken to x and he's talking about this new contract to do y. Didn't want to drag you into it any more.

Then you tell that fucking bitch "this was maternity leave. You do not take my job". That's what she's done to you and in doing so has actually proven how suitable and hungry she is. If your role is selling that's what they want.

As for the lady returning. Just go back. Tell them I'm back on x day. Turn up. I'm guessing that returning on the last day of 6 months isn't possible? Rather than going over that 6 months?

@Titslikepicassos I was following your thread about that. Hope the twat leaves

@Cherrybalm

but surely when you go on maternity you have the right to return to the same, or if not, equal job/role?

Yes that's correct.

It's incumbent on your manager to do the right thing, and not be a spineless people-pleaser.

Unless management can find you something equally challenging and at the same level of seniority as the role you left, then you need to be reinstated to your existing role, and they need to sort out your colleague's situation as a separate issue. If your colleague's skills have augmented as a consequence of the time she covered for you, then she needs to discuss that with management.

If they aren't careful they could find themselves accused of discrimination towards you, if they fob you off and demote you to a "paper-pushing" (for example) role instead of reinstating you to an equivalent level of seniority you enjoyed previously.

Have you mentioned your concerns during any KIT days?

I would start to raise your concerns early, in a constructive and specific way. You need to have reassurances from them exactly what will happen when you return, and what their intentions are for your role.

Get them to commit to actions that you can rely on, not vague fob offs, and empty promises that they can kick into the long grass later. It's important they get the clear message early of your motivation and expectation to return to your role and, and that you won't be happy being sidelined.

OP, I've read your posts and it doesn't look like you've raised this directly with your manager but sent some kind of 'hinting' email.

Don't do that - be direct, say you will be returning to your role on x date. Thank mat leave cover for covering the role in your absence but you are looking forward to returning to your role as agreed previously.

At the moment you seem to be taking the word of the cover rather than the manager, who hasn't said that your role is changing. Don't let your own anxiety about returning to work affect your view on what is happening.

are you okay OP ?

Over many years I have seen so many women shafted on return from Mat leave
I would request a meeting with your manager

Hope you're OK OP. Definitely chat with the manager and get whatever is happening from the horse's mouth. I'm sorry it's a long weekend and that this means you may have to wait longer for some resolution to this. Your co-worker is really out of line and it may be that she is just naive and doesn't understand what will/needs to happen according to employment law. The law is on your side here.

@Titslikepicassos, that's AWFUL. I'm so sorry you have to deal with this stress at the same time as having a new baby. My heart goes out to you and I hope you get the solution you want.

hi,

sorry for the slack reply, I havent had anything to update as my manager is on holiday this week and next. thank you for the advice so far and I'm sorry to hear it has happened to others. it's really crappy.

I do have another question, I have seen a job with a similar role elsewhere which has a better salary. what is the deal with applying to other jobs whilst on maternity? what notice would need to be given to this employer? is it quite a messy process to attempt whilst still on leave? thanks!

You can of course apply for other roles while on maternity. My advice is not to tell them that you are on mat leave!

Is it in the same organisation or a different one?

Don't lose your focus on getting your own job back in the meantime.

On leave is a great time to apply for other jobs as you don't need to take time off for interviews.

How much notice you need to give depends on your situation, but I imagine it would be whatever your notice period in your contract says. Depending on how fast the other company deal with things you might even have returned to your current job before you are offered the new one. However, if you are offered a new job before you return to your current job then they might agree to let you leave at the end of your maternity leave to save the effort of bringing you back for a short period.

If you have received any pay above statutory maternity pay, you usually have to work 3 months or more when you return, or pay it all back. You will have accrued some holiday while on leave which will reduce that (probably 2-3 weeks if you were away for 6-7 months). Your notice period would also be in your contract, but most likely you'd have to work a couple months before going to a new employer.

OP just to double check, has any holiday been added on to make it 7 months?

Your six months mat leave refers to the amount of leave taken as mat leave, not number of days out of the office. If it’s only made up to 7 months through adding on your holiday, then for the calculation of returning to your exact same job/equivalent job, it would be 6 months mat leave. Obviously you are still completely in the right either way and cover lady is bats, though.

Might not apply but it’s quite common for people to add on their annual leave, so thought I’d mention it!

Hi OP, how are you getting on?

So to update - it looks as if maternity cover are likely keeping my external customers. had a meeting with manager today and it had been said that they are going to have to have a think about where my skillset is going to best suit the team going forward as some processes have changed and my cover has developed a relationship with the customers

feel completely shafted, have been reassured that I wont be getting the lower entry stuff but have also been told that every member of the team has "stepped up" a level since I've been off. this seems to be to mean that I am probably going to be getting the crappy stuff under the guise that there are no distinct levels now and everyone's work is equal. not sure how I feel really. trying to search for a positive. on the one hand, I'm trying to think fine give me the "easier" stuff I'm still getting paid the same vs I've spent 6 years doing the stuff I do to a high standard, enjoying what I did and having a hard time letting it go. very confused

Maybe ask for a job description, with tasks and levels expected. Then at least they have to write down what they want you to do –and if they make up a job description and then renege on it over time, you'll have it in writing.

Also, maybe talk to an employment law solicitor.

You are being shafted. I'm so sorry. They have no right to do this. If you accept this your WILL regret it.

Get the meeting notes in writing. Ask for a full explanation of the decision making process.

And get a lawyer.

Read back to your post when you started this thread. You were furious. You worked damn hard for that job!

What are you exact maternity leave dates OP? I think you're being treated unfairly. There are loads of similar cases, it's absolutely disgusting.

Look at the charity 'Pregnant then Screwed' and you'll find loads of advise. The title kind of gives it away!!

Stick to your guns and be clear in what you expect in writing, to return to your old job as agreed. You have to stand your ground.

Sorry, for clarity, if your maternity leave dates are less than 6 months then you have a right to return to the same job. If you then added annual leave then that's fine, as long as the actual maternity leave is under 6 months.

Just forward the emails to your manager and request that he's sorted it before you return
It's not clear whether the manager is even aware, at this point? Stop engaging with her directly, it's ridiculous.

@Thisismytimetoshine RTFT

Thisis, the update is all about a meeting with the OP's manager.

OP, I mean this with the utmost kindness but you are lying down and letting this happen. Get angry, go and see an employment lawyer and take action. Forget about taking it up internally now, that opportunity has gone. Ask for the meeting notes and then advise you will be taking legal advice. See what happens then. Please don’t allow this to happen without putting up a fight.