As some of you may know I only started working in the ACT in June - so just a little over 6 months ago. I didn't know I was pregnant when I started. The requirement for paid maternity leave is 12 months continuous service, however if you previously worked for a goverment organisation, they recognise this prior service and waive the 12 months....or so all the forms say.
I spent a very long time last year fighting with a lady at QHealth to complete the forms I needed to have my prior 5 years recognised. Handed the forms in when they were done and assumed because I hadn't heard anything that it was all good.
hmnn.... not so it seems....
they decided to tellme today that i wasn't elligible for paid maternity leave until June when I have been there one year - even though I have worked at Queensland health for the past 5 years and have been granted recognition of prior service.
They are saying that it wasn't continuous because I had two weeks off between finishing at QHealth and starting at ACT health. now if you recall - the reason I couldn't start work on my originally arranged date (which would have negated the three weeks between May 9th when I finished in Qld and June 3rd when I started in ACT - was because I had a broken arm. But that is beside the point.
It's bad luck for them that I have a brain and am able to interpret legislation. The Public Sector management act has a definition of continuous service and as far as I can tell from the legal/industrial relations jargon - they would be right - except for the fact that my break in service was due to being unfit for duty due to a broken arm - hence negating the three weeks and the break being not considered a break. That is how I interpret it anyway. Only problem being that I don't still have a medical certificate from 6 motnhs ago do I - but I can get the evidence that it all happened from the hospital in Brisbane I am sure.
I don't think so somehow - how could a break of 2 weeks possibly negate 5 years of previously continuous service in a public sector organisation?
I am still able to access Unpaid maternity leave and then my mat leave payments will start once the 12 months continuous service (including the mat leave) has been completed - but that is besode the point.
I'm not letting it go without a fight.....you don't mess with a girl who is 36 weeks pregnant.
We are going down fighting.
On an up note - there was a stunning sunset just now.....
they decided to tellme today that i wasn't elligible for paid maternity leave until June when I have been there one year - even though I have worked at Queensland health for the past 5 years and have been granted recognition of prior service.
They are saying that it wasn't continuous because I had two weeks off between finishing at QHealth and starting at ACT health. now if you recall - the reason I couldn't start work on my originally arranged date (which would have negated the three weeks between May 9th when I finished in Qld and June 3rd when I started in ACT - was because I had a broken arm. But that is beside the point.
It's bad luck for them that I have a brain and am able to interpret legislation. The Public Sector management act has a definition of continuous service and as far as I can tell from the legal/industrial relations jargon - they would be right - except for the fact that my break in service was due to being unfit for duty due to a broken arm - hence negating the three weeks and the break being not considered a break. That is how I interpret it anyway. Only problem being that I don't still have a medical certificate from 6 motnhs ago do I - but I can get the evidence that it all happened from the hospital in Brisbane I am sure.
I don't think so somehow - how could a break of 2 weeks possibly negate 5 years of previously continuous service in a public sector organisation?
I am still able to access Unpaid maternity leave and then my mat leave payments will start once the 12 months continuous service (including the mat leave) has been completed - but that is besode the point.
I'm not letting it go without a fight.....you don't mess with a girl who is 36 weeks pregnant.
We are going down fighting.
On an up note - there was a stunning sunset just now.....
6 comments:
You go girl!! What barstards! You are bloody entitled to that leave so you fight for it! Nicole xx
Grrr, those dastardly HR folks! *shaking my fist*
I'm so sorry you're having this trouble. What impeccable timing!
Oh, and you should threaten to take it to the Canberra Cr(T)imes. If they don't fix it, I would take it to the paper. You are in an important role and they are denying you natural justice.
Thanks Nicole - Don't worry I will!
Hi Amanda,
I have just spent the last few hours going through the public sector management act sections relating to continuous service and mat leave. the mat leave section is very difficult to comprehend but as far as I can tell as long as I can prove I was 'ill' or 'unfit for duty due to illness' in the break between me finishing at QHealth and starting at ACT health then I should be able to get it. It just sucks that I have to do this now - right at the end.
That and all the silly secret squirrel shared services crap.
Why can't it just be easy.
I'm planning on moving to federal govt in the next couple of years anyway.
Andrea
Indeed, that sunset was brilliant tonight. And a big drop in temperature, at exactly 8pm, to go with it.
I think I was lucky in the CPS, the personnel people I dealt with over the years were always helpful. One big plus for the ABS.
If you were in the APS I know exactly who could help you, and he sits across the floor from me.
Sorry I can't help more - I don't know anyone in HR in the ACTPS.
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