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Maternity leave - right to return to work question

  • 04-03-2012 11:15pm
    #1
    Closed Accounts Posts: 3


    Hi guys,

    Just looking for an opinion on something, I'm hoping one of you can help...

    If an employee worked for a company 2 days a week, was due to go on maternity leave, and was told that they weren't needed back after maternity leave, what rights would that person have to come back to work?

    I understand that a job must be at the same rate of pay, same level of role, and in the same location (unless the company has moved) as it was before going on mat leave, but does that also cover amount of days worked?

    Is it possible for the company to only offer 5 days a week, knowing the employee can not or does not wish to work more than 2 days, and therefore will leave, amounting in constructive dismissal?

    Just wondering how far the concept of being offered the exact same job on return from maternity leave actually stretches.

    Thanks a mill.


Comments

  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    If this is anything other than hypothetical, you need a lawyer.


  • Closed Accounts Posts: 3 brenmcd


    Hypothetical, in the sense of arming ones self with knowledge, before any changes actually happen...


  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Please read the charter. We don't do advice here. A solicitor will probably advise for a cheap rate.


  • Closed Accounts Posts: 3 brenmcd


    Ok, thanks for reading.


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