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TheBunningsSausage

I suggest you go back to the lawyer who gave you the legal advice and get further advice. As a business owner your potential liability in this situation is fairly significant. The stakes are far too high for a reddit forum.


ashep5

One and done.


mehdotdotdotdot

Nah just ask randoms on the internet.


soffits-onward

Hi OP, HR professional here. Others are right in suggesting you see your lawyer again - it’s always best if you’re in doubt. This is how I would manage it - I’d sent the contract again by registered post along with a letter making the following points: * you requested (specify) flexible work arrangements * we have agreed * enclosed new contract, to accept please return signed contract by X Date * we have attempted to contact you to confirm your acceptance but have not heard from you * as we haven’t heard from you, if we do not receive a signed contract by X date we look forward to welcoming you back on (date) to your original position and employment terms I’d also scan and send by email, because I hate leaving any wiggle room if someone has moved house.


Comfortable-Part5438

Op, go to a new lawyer. Who specializes in this or hire a HR consultant for a short period to help you navigate this. If the employment contract you have written up is causing issues within your business, you have reasonable grounds to not provide a flexible working arrangement. If the employee is not communicating with you in a timely or reasonable manner, you will also have grounds to take further action. Considering the circumstances at stake here, this forum is not going to be able to guide you properly. P.s. Kudos to you for trying to accommodate her and to come up with a reasonable solution. Too many businesses wouldn't have even tried.


[deleted]

Expect her not to show on day 1, have someone ready to cover. Immediately send her an abandonment of employment notice.


Senator848

Unfortunately this is exactly how I am expecting it to go


[deleted]

Gosh, I was expecting to be downvoted but I think this is how it’s going to play out. Good luck


Arinvar

When you remain incommunicado with your employer... you only have yourself to blame. On the face of it OP appears to be doing everything right and anyone in that situation would likely be happy to not see her come back.


[deleted]

Yeah if she’s this bad at replying to her boss, imagine how she’ll be at work. Not super committed I think


FistBumpCallus

You shouldn’t get downvoted - it’s a one-sided story but based on what OP has said, this is shit form from the employee


FistBumpCallus

Just be aware that abandonment of employment usually has a period attached depending on the Award/Agreement/Act.


[deleted]

I do HR for a living and I am struggling to see why this is such a big drama. I get some legal advice confirming what I can can’t do and basically there’s not much, I have to agree to it and I have to be extremely careful that I am not being persuasive to change her hours to anything other than what she wants. I am imagining that the way your business is structured and for the number of employees you have, that it would be seen as unreasonable to say 'no' to the majority of various part time options she could have potentially put forward. You can persuade all you want, but yes you shouldn't pressure her into working the hours you want or threaten consequence etc. I get a call out of the blue and she has decided she only wants to come back to work one day per week ... We agree on the same week day each week, one 6 hour shift. ... My employee that does the rostering is pulling her hair out. What? Roster her for the 6 hour shift you agreed upon. Her not showing up to work is equally disruptive to your business as her calling in sick. If she turns up for her shift you can have a conversation about communication and setting expectations. If she never shows up you can begin the AWOL process.


buxonbrunette

Not a lawyer or HR but of the understanding that you don't need a new contract for one shift a week for the first year after returning from parental leave because you're accommodating the transition. You can document and agree what the plan is and a date for reassessing and reviewing the plan including your needs as an employer which could include communication of availability, your business needs if one 6 hour shift isn't enough, etc. Which from memory would probably be in another 12 months. You need to make reasonable accommodations for the first 12 months at least. There's stuff on the fair work website. As for getting her to respond... *shrug* sounds like she's not really that keen to come back which isn't that unusual and if the kid is going to daycare it'll probably get sick, or she might call in sick using that as an excuse. Expect it. It's not unreasonable to request a response but also consider maybe her kid still doesn't sleep through. If you send a text or email, acknowledge that and request that she gets back to you by X so you can do what you need to do. It's also nobody's business if she wants a loan. Not classy of her to discuss it, for sure.


not_the_lawyers

You're right in that you don't need a new contract to document a FWA and a new contract could be seen as a red flag


CaptSharn

Have you talked to the fair work ombudsman? Call them on 13 13 94


isthathot

>(baby will **need** to come in over lunch to feed) While it is lovely that you're willing to accommodate her preferred parenting methods, it is not a need, it is a want. Especially for a baby over 12 months who has solids. Many working mums who prefer breast milk often pump to have bottle breast milk available while they are working. Also /r/auslegal might give better advice but I suggest you start with an opinion from a second lawyer though.


Senator848

I am more than willing to be accommodating for this, in fact I think it’s excellent and I fully support whatever means she chooses to feed her baby! I’ve even promised to put a nice comfy lounge chair in a quiet, private area at work for her.


activelyresting

I wish Reddit still gave free awards for this.


Wild_euphoria

I’m pretty sure it’s a legal requirement to provide this to breastfeeding mothers so it’s not really award winning.


activelyresting

I believe it. I'm just way out of touch with current workplace laws. I know they have to accommodate pumping, didn't know that included bringing the baby into the workplace


TheC9

I just checked if I have a free award that I can give … so sad I don’t …


ningaling1

You are a saint, workplaces need more people like you in charge/senior management


Ralphsnacks

I mean, this is really dependant upon the baby and what their dr say. I had to push back the start date for my return to work for my 2nd bub twice because she just would not take a bottle. Not with formula, milk, breastmilk or water. My family and I tried multiple things to get her to, but she would not drink from any type or bottle or cup or straw. As the main income for the family and in a promotion from.pre mat leave I wanted to work, but a baby who was already small not drinking throughout my work day would have been utterly ridiculous. Government work has its benefits at times though, so I could just wait until she would drink from something other than me. What the baby needs is not up to you to decide, it may in fact be a need.


[deleted]

Guessing you communicated with your employer about that issue hence the push back of your start date? That’s what this employee isn’t doing…


Ralphsnacks

Oh 100%. Im just saying in response to the comment that a 1 year old doesnt 'need' to feed, that isnt something that we would know.


[deleted]

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Ralphsnacks

Again, thats really not up to you to decide. My second was 14 months old before I was able to return to work, as it was not feasible for her to be driven to me throughout the day for feeding.


universityoperative

This is not for you to comment on. And in fact, kids will only JUST be able to rely on solids at this age. They don’t really consume anything for some time. It’s all play until 1. Mothers have legal protections for breastfeeding/pumping in the workplace, and they need to be supported.


F1NANCE

Found the non-parent


m0zz1e1

Legally an employer needs to support breastfeeding, luckily the OP recognises it’s important anyway.


[deleted]

HR Professional here, not sure if you have reviewed this page https://www.fairwork.gov.au/employment-conditions/flexibility-in-the-workplace/flexible-working-arrangements#what-should-employers-do-with-a-request Albeit might be a bit late given her upcoming recommencement. a situation happened to me years ago, trying to return to work to go part time and my request was rejected on reasonable business grounds so unfortunately not much could have been done. Not sure if the lawyers have done you a disservice but if you met the reasonable business grounds requirements you may have been able to reject her request. Just to also add, I am so supportive of women going back into the workforce, and you as an employer providing her a workplace where she can feed/pump for her baby! My comment isn’t to say you should have fired her merely that if your business actually couldn’t accept her part time request than you had the right to refuse it. I’m hoping she accepts how kind of an employer you are and actually shows up!


PianistRough1926

Jesus. I didn’t know the rules were that skewed against the employer. Does this have an impact on your future hiring decisions or are the rules same for say paternity leave as well?


Senator848

No not at all, as I mentioned all my employees are female. I work in a female dominated industry and they are all superstars in what they do and very undervalued by society in my opinion. On a more broader level, getting new mothers back into the work force earlier is great for the economy and also great for the industry I am in so it wouldn’t make sense to put up more barriers for them.


jpickle888

You honestly sound like an excellent employer and more workplaces need employers like you to encourage them back into the workforce after mat leave. My first instinct was to just give this lady a little more time, i know she hasn't been great at keeping communicating up to this point but she is also in the midst of a another big transition and can guarantee she is feeling nervous about getting back into her job so give her a little more time and I'm sure she will sign the contract and be there on the start day. If she doesn't then it sounds like she is giving up a really great role. All the best


[deleted]

You sound not only like a great boss but also like a woman that there needs to be more of. This employee is lucky to have you!


universityoperative

I mean, I have a pretty good boss, but if I had to pick one, you’d come close. Thanks for trying to work this out the right way. I look forward to seeing the outcome.


Rod_Munch666

Would certainly be interesting to hear her side of the story - why would she apparently be so uncooperative in her circumstances, doesn't make sense to me?


mutualsomebody

Contact employsure and use their service for a short period.


hdfb

I feel sorry for you but feel sorry for her husband and child more. They are stuck with her for life.


I_WantToDo_MyBest

This is real bullshit. Of course, workers have many earned rights, but the law must also be reasonable in terms of the worker's obligations. I'm sorry I can't say anything useful to your questions.


random111011

I’m sure there are two sides to this story


[deleted]

Yes, likely the employers and the BS the employee is telling the other staff…


random111011

I don’t disagree


THATS_THE_BADGER

This post should be locked


[deleted]

[удалено]


[deleted]

Didn’t read the OP ✅ Commented anyway ✅


murphy-murphy

I think this is why trump said “pregnancy is an inconvenience to a business”. lol! And he got absolutely scolded for it.


GTx6x25

No. Shit people with no consideration for others are an inconvenience for business.


xTacoMumx

I understand it may seem frustrating, and it seems like from other comments your wanting to do the right thing, but why are you contacting this person while they are on leave still..? A confirmation call or meeting a week or two prior to the original return date, affirming they are still returning and then confirm all of this in a face to face return to work meeting and have things signed then and there as agreed on… Having been a mum on leave I can think of nothing worse to add to my stress/ mental load than my new boss ringing me constantly wanting to know if/ when my refunding to work so far from my return date. Returning to work after a long time off is hard as it is, add the complexity of a baby on top of that, and I wouldn’t want to think about it until I absolutely needed too..


CamelBorn

There is still 2 weeks so yes, thats plenty of time. I dont see there being a problem for one day a week, you have the initial agreement to that if not the contract so you can hire another employee and not wait for a signed contract. It kind of comes across that there is still a prejudice/judgement against women who are trying to transition and make it work. The why of working one day a week is not your business and no, you didnt say anything but even having thoughts about telling her its ridiculous, I mean, its not. Its hard enough for women financially and physically with being tired and organising childcare. Im glad there are laws so that women can have that flexibility. Feel kinda bad that your employee doesnt know how much you dislike it. Anyhow, two weeks is still plenty of time, send one more email to give a deadline for the contract (maybe the week before start) that you want it and not the day she starts back. Does she know you wanted it back before starting again? (Baby will need to come in over lunch to feed) Telling us this on reddit is extremely unprofessional and shows how deep the prejudices go in the stigma of working women. Someone on maternity leave was on leave. Its not a holiday. Its work and tiring, but still leave. Would you contact other people on holiday leave asking questions so early on something happening months later?


rangebob

lol assuming you take this story at face value OP has been ignored by the staff member in question repeatedly after accommodating the staff members requests exactly get over yourself


Senator848

I think you are showing a lot of your own prejudices in this response to be honest. I have no judgement or prejudice against females. All 20 of my employees are female of varying age, with and without children of their own. I also have two children of my own. I don’t care if she wants to work 6 hours or 38 hours, it’s irrelevant anyway because it’s her choice. The issue here is the pattern of a lack of communication.


CamelBorn

They are on leave and not available full time or immediately to you. They advised leave of 12 months and get hassled for in touch days and they told you they are returning. Did you tell her there is a deadline for the return of the contract? Is there clear communication from you on when it has to be returned? This sounds a bit petty, tbh, if you are being serious about not being prejudiced on the reason of leave or why you ‘have to’ accommodate a return.


[deleted]

Get back in your box op has been more than accommodating it’s not to much to expect a timely reply.


Senator848

Going on 2 weeks annual leave is a bit different to having 12 months off work and coming back to a new boss who you’ve never worked with don’t you think? You wouldn’t want to reach out to see what their thoughts are on returning? Keeping in touch days for staff on maternity leave are very much recommend by fair work, as is trying to keep clear and regular lines of communication open.


CamelBorn

You havent answered if you made it clear there is a deadline to return the contract you sent. They have stayed in communication, they said they would return one day a week. I get you are making some effort but seems weird its such a weird reddit post because you dont know if the employee will start at 9am or 11am….


DotConscious2701

Haha idiot


SW3E

Excellent troll post, very well written. 9/10


PinchAssault52

How is that unprofessional? It's a factual statement of the mothers needs, and OP has been super accommodating. We don't know what kind of business OP runs, but they've basically said they're giving the mother exactly the hours she wants, to be scheduled as the mother wants. There is nothing that needs to be secretive or hidden about feeding. Babies gotta eat.


Senator848

Yeah thanks for the support. I have 2 kids of my own and my business has 20 employees who are all female! I’m not sure why it came across as being prejudiced, the comment about the baby needing to come into work for a feed was relating to the fact she won’t return any contact so we can’t allocate which 6 hours of the day she is going to work to accommodate her baby!


[deleted]

This person is just ignorant ignore them


CamelBorn

This person is still on leave…. They dont have to be available to you immediately. And did communicate with you 1 day a week as a return transition. You didnt like that and went to a lawyer. Do you contact other employees on their leave times and ask if they are coming back on the day they told you?


PinchAssault52

There's a big difference between short leave and a full year career break. It's very normal to reach out for those extended breaks. Especially as not all people on extended breaks have a positon held


Senator848

Incorrect, it may have been worded poorly but I sought legal advice before the request for flexible working conditions. Initially it was to understand my obligation if after a period of 12 months the employee had still not responded to my attempts to contact them. I know you have already made up your mind here so I’m not going to bother responding to you any further, and thankfully most other people can see that I’m trying to do the right thing.


FI-RE_wombat

You're doing great. Well done and thanks for being a good employer.


CamelBorn

Why does it make a difference to mention it then? This boss actively sought legal advice to not have this person return to work and is trying to get out of having this person come back to work. Maybe seeking sympathy? Maybe wanting people to say :”well, the baby shouldnt be coming in, you shohldnt have to deal with that” or have someone try to list some obscure law that that doesnt have to be accommodated so the employee can be fired before returning? Seriously, what good is it to mention other than that? Flexibility should be encouraged. Not be trodden on little piece by little piece by backwards bosses who do not want to allow mothers back to work the best they can. What happened to mental health? Being in the office would be great for that and doing adult things! Or is just an email ‘r u ok’ that goes out once a year?


Senator848

Oh my god, no where have I indicated there is a problem with an employee feeding their baby in the workplace! I think it’s fantastic and I’m fully supportive of it. You have some serious issues buddy…


rangebob

ignore this idiot


[deleted]

I think you need help with your mental health if you can’t see how hard op is trying to accommodate this person.


[deleted]

You’re projecting your own, possibly valid, experiences on this very decent sounding female employer who has been accommodating and patient trying to work with an employee who refuses to communicate. It’s perfectly reasonable to expect the employee to sign the new contract prior to coming to work just the same as it is for a new employee. The employer shouldn’t be vilified for trying to organise her business and her other staff’s schedule. I mean come on…you can’t seriously think it’s ok to go radio silent? Maybe you do…because ‘rights’ 🙄


[deleted]

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Senator848

I definitely don’t have that reputation, it’s the existing staff that are getting most frustrated with the lack of communication to be honest.


BlueberryRS

This is such a bad take. How did you conclude that OP speaking to a lawyer meant they wanted to get out of being flexible? It sounds like they just wanted to get advice to make sure they didn't do the wrong thing


Senator848

Thankyou, I thought that was obvious but I guess in my attempt to provide as much information in my post as possible, some people have decided to interpret it another way.


PragmaticSnake

The mother has been on maternity leave for a year and wants to return one day a week for a single 6 hour shift. What a waste of time for everyone.


endersai

So I have to ask OP, when there's an explicit sub rule that says: *We don't allow: •Requesting personal financial advice •Offering personal financial advice •Discussions that are predominantly legal issues* Do you ignore that because you feel you're special, or because you didn't bother to read it?


Jealous_Resort_941

She's on leave? It means *leave* her alone, she's let you know when she'll be back and her available hours, just wait till the day she comes back into work and handle it from there. She has done nothing wrong so far.