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What is a comperable position after maternity leave?
Hey just wondering if any of you have been in this position or happen to know the law, I can't seem to find exactly what a comparable position is. I am scheduled to return to work on Dec 2nd after being on sickness - pregnancy - parental leave. So by the british columbia labour standards act I have to be given my old job or a comparable position. I just got a call from my boss who told me that they want to put me into different programs in the centre in the next town over from us and instead of working 10:30 - 6:00 I will be working 2:00 - 9:30pm. Can they do that? The wage will be lower, the centre is a 50km round trip from the one I normally work at (which happens to be only 2 blocks from my house) and the hours are completely impossible for me since I have 2 kids one in school and my husband works shift work, what am I supposed to do with my kids until 10:00pm at night? I feel like they are punishing me because I'm pregnant with number 3 and will only be working for at most 6 months before I go on leave again. This was not a planned pregnancy it was a complete surprise as we were using protection and I'm still nursing, the only reason I have to go back to work is because we need the money and I need the hours to qualify for EI again. I don't know what to do. I have to meet with my centre and area director in the morning and I'm just sick about this.
3 Answers
- 1 decade agoFavorite Answer
"Comparable Position" refers to a position requiring similar general knowledge, skills, and abilities, working conditions, and job content (tasks and responsibilities) as the position from which an employee was laid off. A comparable position would normally be within one salary range of the employee's previous position, with not more than a 10% pay differential. A comparable position will also have a similar work schedule in terms of work shift and work days (not less than 50% overlap).
Stay firm in your beliefs and do what is right for you and your children first. If you are only going to be at that job for another 6 months then you need to make sure the director understands the position you are in and the effect it will have on your family if you have to uproot at this time. Employers should be more considerate of pregnant workers as the longer you work the harder it gets and especially when you already have kids and they expect you to juggle your life around to suit them. I don't think they can force you to take the job. In the end you have to do what you feel is right and don't let them walk all over you.
- 1 decade ago
a comparable position is a job with the same hours and the same pay- because this other position requires such late finishes technically for it to be comparable you have to be offered a HIGHER pay. Plus considering you are going on maternity leave, if they want you finishing at such a late time they should actually be offering you a sitter for your children as regular childcare (at least in my part of the world) is daytime only..
- moonapaloonaLv 41 decade ago
not sure how it works in bc but in America they cant do that. Your job is protected under this law and you must get equal pay. I would look into this further bc american law is different.
