Can my job role change after maternity leave?

It’s unfair dismissal and maternity discrimination if your employer doesn’t let you return to work after maternity leave, or if they offer you a different job without a strong reason. They can’t offer you a different job if: your job still exists – for example if they’ve given it to someone else.

Can my employer make me move to another site?

If you have a mobility clause in your contract your employer can normally force you to move to places allowed by the clause unless this is completely unreasonable (such as asking you to move to another country with only one days notice).

Can an employee refuse to be transferred?

An employee cannot commit unfair labour practices against their employers. Should the employee have good reason for refusing a transfer an employer may consider retrenchment as provided for by section 189 of the LRA, provided the transfer is based on operational requirements.

Can I be made redundant after returning from maternity leave?

Can my employer make me redundant when I return to work from maternity leave? Yes, provided that: There is a genuine redundancy situation, which is not caused by the fact you have been on maternity leave.

How do I go back to work after maternity leave?

Here are some quick and easy do’s and don’ts for going back to work after maternity leave.

1. Do cut yourself some slack.
2. Don’t expect your coworkers to understand.
3. Do ask for the help you need.
4. Don’t give in to peer pressure.
5. Do talk to your boss about your new situation.
6. Don’t ignore your body.
7. Do prioritize your mental health.

What is a mobility clause?

A mobility clause in an employment contract is a provision that requires the relevant employee to relocate if required to do so by their employer. This may be due to the closure of an office or workplace or a change in the work carried out at a particular location or for another reason.

Can an employer tell you where to live?

“The short answer is yes, employers can discriminate against you based on where you live. In fact, she said many government employers require that employees live within the boundaries of a city or county.

What is the Pregnancy Discrimination Act of 1978?

The Pregnancy Discrimination Act of 1978, which amended Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions.

Can you lose your job while on maternity leave?

It is possible to be dismissed (sacked or fired) when pregnant or during family-related leave (maternity, adoption or shared parental leave), but your dismissal should be fair. You should not be dismissed because of your pregnancy or family-related leave.

Can employees be dismissed for refusing to accept new terms and conditions of employment?

If they refuse to sign up to the new contractual terms they will be dismissed for Some Other Substantial Reason (SOSR). You must be able to rely on a sound business reason for this dismissal — that the needs of your business outweigh any disadvantage to the two employees.

Can you force an employee to transfer?

That’s a common question: Can you force or require an employee to relocate? The answer is almost always no. It can’t be required. Therefore,an employer needs to present the relocation as if it is the employee’s (only)option to remain employed by the company.

What are my rights when returning to work after maternity leave?

The right to return to an altered schedule of intermittent or part-time work. According to the EEOC, any women returning from maternity leave must be treated the same as other workers allowed leave for a temporary disability. In addition, workers must be allowed to work as long as she can perform her job before she takes maternity leave.

Do I have to tell my employer when I take maternity leave?

If you intend to take 52 weeks maternity leave you do not have to tell your employer the date of your return. If you want to return earlier you must give your employer eight weeks’ notice before the date you plan to return.

What is ‘additional maternity leave’ under the law?

More than 26 weeks’ maternity leave is called ‘additional maternity leave’ under the law. If you use additional maternity leave, you still have the right to return to your job on the same terms as before you left.

What happens if I change my mind about going on maternity leave?

Communication helps avoid disputes. If you change your mind once you are on maternity leave and want to return earlier or later, you should give your employer as much notice as possible, that is more than the required eight weeks’ notice.