Covering a maternity post

salesgirl29

Hi,

I need some advice if possible please:

I have been with a company for 6 years. Last year I was offered a position to cover a maternity post which I accepted. The new post was for a field sales position (I was previously office based) and therefore commanded a higher salary.
My colleague on maternity leave is returning to her position in october and therefore I have been informed I will have to return to the office or look for employment elsewhere:

I have 2 questions:

1. Do they have to give me the same job back I was in before I started the maternity cover or can they put me anywhere within the company.

2. Do they have to pay the same (or a higher) salary I was on before the maternity cover began?

I hope this makes sense.

Thank you.

Poppy9

What did you agree when you were seconded to cover thematernity post.

Normally in work with me if you cover maternity you return to your old job, or equivalent and on your previous salary. If you had a pay rise for covering maternity it would stop once the cover ends.

ERICS_MUM

Poppy9 wrote: »

What did you agree when you were seconded to cover thematernity post.

Normally in work with me if you cover maternity you return to your old job, or equivalent and on your previous salary. If you had a pay rise for covering maternity it would stop once the cover ends.

sounds reasonable and it's what I would have done years ago when i managed a large dept.

salesgirl29

Thank for the reply:
It was agreed that I would have a job after the maternity cover (I asked for it to be written in to the contract) exactly which position and salary is not specified in writing. However my manager informed me verbally that there is a process called bumping which means I can come back to my exact previous role. She has since gone back on this and offered me a different role in the same office.

I just wondered where I stand legally with this? I would not expect to remain on the higher wage but would like to think legally I have the right to command the salary and job role I had before I started the maternity cover?

thanks

Poppy9

Without knowing if you work for a large organisation with a HR dept or a small business it's difficult to comment on how you should progress the matter.

I work LA so there are guidelines in place for secondments/temporary appointments so you know where you stand and if your line manager tried to vary from it you have recourse.

I think you should expect to return to your previous salary and not lower but if you were told that they might not be able to offer you the same job upon your return then they might be able to. Also you say they asked you to cover the post not you applying for it. How did they ask you, was it verbally or via email? How senior is your manager, what is the next step up?

salesgirl29

The organisation has about 150 employees no HR department as such but a personnel/HR manager. I was asked to cover the post verbally and via email but then had to go through an application process (I think they realised that it has to be offered to other employees)

The company is generally good to work for but has a reputation for bending (or ignoring!) the rules where HR is concerned. I have a meeting with my manager next week where we will discuss salary and job role should I return. I want to make sure before this I know the legal rights I have. They are also pushing me to make a decision understandable as someone was employed to cover my role and they need to know whether they will be out of a job but surely I dont have to tell them immmediately if I will be returning.

Thanks again.

nightingalesgarden

Could you check my summary please?

• You've been working in a secondment and had the additional benefit of extra salary for the period of maternity cover (less than 12 months)
• You accept that the increase is related to the sales job and the field based nature of this
• You have been offered an alternative role within the office because for "some reason" your old role is not there to return to
• You want to ensure that you are paid either as much as before the maternity cover or more (basically you are asking if you have to take a drop in your old salary for this alternative role..I understand your thinking - you got more for the sales role so can the employer make you take less)
• You have been told if you don't take this alternative role you have to look elsewhere (has redundancy been mentioned?)
• You have been told that you cannot return to your old role though "bumping" was mentioned previously

The reason that I ask is that I started to respond to this as a salary question related to the sales role and secondments but is that right? or are your questions about possible redundancy/suitable alternative employment...which seems a lot more serious

salesgirl29

Hi yes all your points are correct:

Redundancy has not been mentioned at all they have made it clear either I accept the role they give me or I look for another job outside the company.
This puts me in a difficult position because if I tell them I am looking elsewhere but find nothing before the maternity leave ends I will have to accept the role they offer with both parties knowing its a matter of time before I do find another position. However I could just tell them I am staying but still look elsewhere..

My question was referring to the position they offer me after maternity leave cover has ended.

1. Am I legally entitled to return to the same role.
2. Am I legally entitled to return to my old salary

I would assume I have the same rights as someone on maternity leave but cant find any evidence to back this up.

In summary I just wanted to know what rights I have and legally where I stand before I have the meeting with my boss next week.

Thanks again for the advice.

Poppy9

Did you resolve OP?