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Returning to work after ML and SL

  • 10-01-2016 10:43pm
    #1
    pengaffe
    Registered Users, Registered Users 2 Posts: 91 ✭✭


    I'm due to return to work this comin week after having my baby! I've been out quite a while due to SPD before my pregnancy and after! I took an additional 4 weeks sick leave after the end of my maternity leave!
    I was working 4 days when I finished up and I've requested to go to 3 days!
    Since I've been off there have been a lot of changes and new staff brought from other areas of the company to my area!
    She seems to be unable to roster me in and has told me I can only come back 1 day this week.
    What I'm wondering is should I be able to return to the position I was in on the days I was doing regardless if they have the work there?? They are requesting that I write a letter stating i want to reduce my days but clearly they don't have the work for me so should it be the other way around so that I can claim for those days?
    TIA


Comments

  • #2
    denis160
    Registered Users, Registered Users 2 Posts: 429 ✭✭denis160


    This might help.

    Under Section 26 of the Maternity Protection Act 1994 you are entitled to return to work to the same job with the same contract of employment. Section 27 of the Act states that if it is not reasonably practicable for your employer to allow you to return to your job, then they must provide you with suitable alternative work. This new position should not be on terms substantially less favourable than those of your previous job.

    Otherwise, you are entitled to be treated as if you had been at work during your maternity leave. Your employment conditions cannot be worsened by the fact that you have taken maternity leave, and if pay or other conditions have improved while you have been on maternity leave then you are entitled to these benefits when you return to work.

    PRSI contributions: you will automatically be awarded PRSI credits while you are getting Maternity Benefit. If you avail of unpaid additional maternity leave you must get your employer to complete an application form for maternity leave credits (pdf) after you return to work.

    If you are breastfeeding you may be entitled to some time off or a reduction in hours without loss of pay for up to 26 weeks after the birth.

    If you decide not to return to work after your period of maternity leave, you are required to give your employer notice in the usual manner.

    You are protected against unfair dismissal for claiming your rights under maternity protection legislation -


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