Beth* had worked for the same company for several years before taking maternity and childcare leave. As her childcare leave was coming to an end, she was getting ready to go back to work. She had arranged daycare for her child and was preparing to return to her career. After securing a spot at a local daycare, her company contacted her to tell her there was a problem. Her old position was no longer available, so she couldn’t come back to work.

This caught Beth completely off guard. She had planned her return on the understanding that she still had a job and even had daycare lined up! Now, just as she was preparing to return, she was being told that there was no position for her.

Beth turned to the General Union for support. We challenged the idea that “your old position is gone” automatically means “you no longer have a job.” Workplaces can change while someone is on maternity or childcare leave, and sometimes returning to exactly the same position may not be possible. But that doesn’t mean the worker’s rights—or their employment—simply disappear while they’re away.

Workers have important protections when taking maternity and childcare leave. Employers cannot dismiss or otherwise treat workers disadvantageously because they have taken that leave, and government guidelines state that workers returning from childcare leave should, in principle, be returned to their previous position or an equivalent one.

With that in mind, the union pressed the company to look beyond whether Beth’s exact old position still existed. The real issue was how she could return to work and continue her employment. Through discussions with the company, it became clear that returning to exactly the same position wasn’t realistic. But there was another position available.

Instead of ending Beth’s employment, the company agreed to move her into the new role. Beth went back to work as planned and continued working for the company in her new position.

Want to learn more about your rights when returning from maternity or childcare leave? Join the General Union’s 2026 workshop on maternity, paternity and childcare leave to learn about your protections before, during and after leave. RSVP here

*Name changed for privacy

Further Reading:

Maternity and Childcare Leave: Protected Doesn’t Always Mean Paid
Parental Leave Problems: Part 1