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Danaj 
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Joined: 25 March 2008
Location: Palmy North
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 Topic: Back to work early?
Posted: 23 February 2009 at 11:01am |
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HI everyone,
I'm due to start back to work mid July and Miss M will be going into Nursery. Not ideal but the bills have to be paid somehow.
DH has told me that the Army will let him take 6 weeks off at half pay (or three at full pay) and he is keen to spend those 6 weeks at home with Madelyn before she goes into daycare. I would go back to work 6 weeks early. I'm happy for him to do this as he's such a hands on dad.
My question is, i've told my employer that my return date is the 13th July so they've hired a temp replacement for that period. I am assuming it's a fixed term contract. I can't find anything on the net aside from saying I have to give the three weeks written intention to return, but can my boss say No? We can only afford for DH to take the half pay if i'm back at work and I know he'd love to be at home with her.
Edited by Danaj
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Peanut
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Joined: 01 January 1900
Location: Christchurch
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Posted: 23 February 2009 at 11:22am |
I am of the understanding that they can't say no. I think that as the replacement is actually only on a mat leave contract then she is given 3 weeks notice of the contract terminating. Don't quote me on this but that is my understanding - I have not actually put it to the test though 
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fire_engine
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Joined: 03 November 2007
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Posted: 23 February 2009 at 11:22am |
It would probably depend on the contract. I know I could go back to mine by giving four weeks notice, so long as I went back doing same job and same hours. In the temps contract, it should say that it can be terminated at x weeks notice as it is a parental leave contract.
Cool that your DH can and wants to spend some time with Miss M 
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Bobbie
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Location: North Shore Auckland
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Posted: 23 February 2009 at 11:33am |
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I think they can say no actually. I was of the understanding that you gave your original intent to return date in your app for Mat leave and if you chose to come back earlier it was in negotiations with your employer.
Infact thinking about it I remember a friend of mine took a year's mat leave and then wanted to come back after 6 months and the employer said no.
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Danaj
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Joined: 25 March 2008
Location: Palmy North
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Posted: 23 February 2009 at 12:47pm |
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Hmmm. Don't really want to ask my boss as she tends to stress a bit over things like this. Can't really ask yet either as we still don't know if DH is being deployed to Afghanistan in the next couple of months. If he goes, then he wont be here to stay at home.
I agree Flissty, I think it's great he wants to be with her. I do too of course but he worships the ground she walks on and wants to be with her every second of every day. He calls me the Fun Police as I make him put her to bed and wont let her sleep on his chest constantly lol. No wonder she has bad habits!
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Danaj
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Posted: 23 February 2009 at 1:03pm |
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I called DOL and they gave me this info...
When you apply for parental leave from your employer, you must tell them when you will be coming back to work. Once your employer agrees, this is the date you will be expected to return. It is a good idea to have whatever you and your employer agree put in writing so that there is no misunderstanding. If you wish to return early from parental leave out of personal choice, you should discuss this with your employer but you should bear in mind that they do not have to agree.
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busyissy
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Joined: 16 January 2007
Location: Hamilton
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Posted: 23 February 2009 at 3:48pm |
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Have a good look at the maternity leave laws and your contract. I know in my contract I needed to give 3 weeks written notice of my intention to return to work if I did so before my maternity leave finished.
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MamaT
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Posted: 23 February 2009 at 3:53pm |
Can you not push back when she starts at Daycare so you go back to work at the date originally set out and DH takes his 6 weeks at home then??
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lilfatty
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Posted: 23 February 2009 at 5:09pm |
 Danaj wrote:
No wonder she has bad habits! |
I dont think three week old babies have bad habits 
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Mummy to Issy (3) and Elias (18 months)
I did it .. 41 kgs gone! From flab to fab in under a year  LFs weight blog
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TraceyA
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Posted: 23 February 2009 at 6:15pm |
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If they have hired an actual temp from a temp agency then they should be able to cancel her/his contract without repercussions at any time. I was a "professional temp" for many years and had contracts cancelled within hours of starting or ones that were supposed to last for 1 week last for months or more.
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TTC #2
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Back to work early?
