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Old 06.06.2019, 14:08
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Sabbatical withdrawn during maternity

My OH's on maternity with our 2-months old child. She's doing pharma with a PhD, so it's office work.

She agreed with the company on the 14-week standard maternity plus 3 months sabbatical and then to go back to work @50% instead of 100%... however, nothing was put on paper despite of her trying to push for it. Apparently, the change of contract was drawn up and was resting on the CEO's desk, but we never saw it, so it's basically as good as non-existing.

She's been contacted now by her line manager that the CEO does not approve her sabbatical (retrospectively?) and she's needed back to work and we should think about it. Apparently they want her bad, as stuff is burning back at the company, but it might have just been an empty bluff to get her to resign.

It's quite clear that she's not going back to 100% work after 14 weeks, but I'm not so sure about legal consequences. Best for us would be that she's getting a termination and put on gardening leave right after maternity with 3 months paid.

I'm looking to evaluate alternatives if that doesn't happen or is not offered. Can the better informed of you validate these scenarios?
- can you just not show up for work? Legally she is bound for showing up as she did not resign on her own. What's happening if she doesn't? Can a company make her go to work or sue for charges (her contract has nothing about this, so does the labor law says anything such)?
- what happens if she resigns now (leaving 2 months' worth of 100% employment ticking after the maternity has expired)? She has an accumulated 35 days in her vacation saldo, but that still doesn't cover it to 100%

Apparently they want her, so that gives us some leverage into discussing options like home office or reduced and gradually increasing workload, etc.

I'm thankful for your opinions.
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Old 06.06.2019, 14:20
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Re: Sabbatical withdrawn during maternity

Shouldn't worry too much, if they want your wife that badly they will eventually bend and accept what your wife wants to do
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Old 06.06.2019, 14:22
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Re: Sabbatical withdrawn during maternity

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Shouldn't worry too much, if they want your wife that badly they will eventually bend and accept what your wife wants to do
Well, the statement was that they need her more than 50%. Plus that she is not allowed to stay an extra 3 months.

I understand that we'll start negotiating from this initial standpoint (home office, etc), but I also want to be prepared for a "no deal exit" if you allow the bad pun.
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Old 06.06.2019, 15:19
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Re: Sabbatical withdrawn during maternity

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Well, the statement was that they need her more than 50%. Plus that she is not allowed to stay an extra 3 months.
Do they need her specifically or do they need a body... it makes a big difference when it comes to negotiations.

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I understand that we'll start negotiating from this initial standpoint (home office, etc), but I also want to be prepared for a "no deal exit" if you allow the bad pun.
If you can agree on something, then you can expect she will be terminated in accordance with the notice period in her contact. If they really need a body, then you can expect that she will be required to work out the notice period and holidays will be paid out rather than taken as part of the notice period.
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Old 06.06.2019, 15:24
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Re: Sabbatical withdrawn during maternity

There's an article for that: "Failure to take up post and departure without just cause"
https://www.admin.ch/opc/en/classifi...dex.html#a337d
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Old 06.06.2019, 15:38
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Re: Sabbatical withdrawn during maternity

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There's an article for that: "Failure to take up post and departure without just cause"
https://www.admin.ch/opc/en/classifi...dex.html#a337d
Much appreciated, mate.

c. Failure to take up post and departure without just cause

"1 Where the employee fails to take up his post or leaves it without notice without good cause, the employer is entitled to compensation equal to one-quarter of the employee's monthly salary; in addition he is entitled to damages for any further losses."

So this means the maximum leverage the company has on you is 25% of your monthly salary "and other losses" - which is hardly a thing if someone has left for maternity leave as that was planned well in advance.

Even though they had a verbal agreement (which counts, but non provable),
I don't assume that any court would push any more charges if she just simply refuses to go back to work based on previous verbal agreements. Am I reading this right?

I highly doubt that it will come to this, but am rather safe than sorry.

Last edited by user137; 06.06.2019 at 15:52.
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Old 06.06.2019, 15:43
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Re: Sabbatical withdrawn during maternity

Not showing up for work would be considered the same as quitting as far as unemployment compensation is concerned, i.e expect a 3 month or more delay of payments.

Tom
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Old 06.06.2019, 15:51
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Re: Sabbatical withdrawn during maternity

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Not showing up for work would be considered the same as quitting as far as unemployment compensation is concerned, i.e expect a 3 month or more delay of payments.

Tom
Yes. However, not too relevant with a small kid as she doesn't want to go back to work (hence the thread) and RAV would not pay you unless you show that care has been adequately organized for the child.
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Old 06.06.2019, 15:53
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Re: Sabbatical withdrawn during maternity

I guess it depends on how despeartely she wants to keep that job vs how desperate they are to retain her. She can poker and they can call her bluff but it's never wise to poker for more than you can afford to lose.
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Old 06.06.2019, 16:10
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Re: Sabbatical withdrawn during maternity

i guess the two most realistic options are:

1. negotiate something
2. resign
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Old 06.06.2019, 21:35
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Re: Sabbatical withdrawn during maternity

She can of course go to the doctor and get a note that says she should not go back 100%. If there are reasons for that.


But surely, her best bet is to arrange a private meeting with the CEO/whoever promised her the 50% and then could not deliver. Or both together, if they are not the same person.


An awful lot can get lost in translation doing things by email and phone. Face to face... they will see she is being reasonable and flexible. You will also discover what they actually want.


Extra bonus points if she takes the baby with her. Admittedly, a high risk strategy (boss may hate them, so may all her colleagues). But she will almost certainly at least gain the moral support of any colleagues in the office who have children - and this will make the boss look more of a shit (and aware that he looks that way) if he does not flex a bit towards what was originally promised.


Extra extra bonus points. If she does not get what was promised or a suitable compromise, go into tearful meltdown on leaving the CEO's office, and get consoled by colleagues in full view, while someone else comforts the baby.


Final mic-drop: dump the baby's freshly filled nappy in the manager's bin. Whisper "That's you, that is" on the way out.
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Old 17.06.2019, 13:20
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Re: Sabbatical withdrawn during maternity

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Final mic-drop: dump the baby's freshly filled nappy in the manager's bin. Whisper "That's you, that is" on the way out.
it got extra evil in the end, but I like the attitude nevertheless

however, I got a law insurance case opened (for which Protekta takes a week to answer ), and we are formulating an email/letter to try to establish the fact that there was an agreement before, so in case they don't deny the fact, that's an implicit acceptance of the status quo.

and then we're going to ask them what they want exactly and start negotiating from there.
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