[sellickbhoy]

I was listening to a moneybox (bbc) podcast whilst walking the dog this morning

it was all about maternity payment/leave/allowances/law

I can't believe that this was allowed and upheld by the european courts

A small company placed an advert to hire someone to cover for a staff member going on maternity leave

They interviewed a number of candidates and found one that fitted the bill and offered her the position.

She took the job and immediately informed them that she was pregnant and would be going on maternity leave BEFORE the employee she was brought in to cover.

This left the employer having to hire ANOTHER person, they couldn't withdraw the offer as test cases in Europe have set a precident, and had to pay 2 people to be on maternity leave plus hire another.

I couldn't believe what I was hearing or that this would be allowed as the woman being interviewed KNEW she was pregnant at the interview, KNEW it was a position to cover maternity leave and KNEW she wouldn't be able to work the time required.

Is it right to protect employment rights in this way or is this just madness?

I know what i think!!

[HappyHippy]

I'm with you SB - and I'm pregnant lol ! 
There's no way I would pull a stunt like that, in my mind it's lying in order to get a job. If you were to deliberately lie about your qualifications and get found out, surely the employer would have the right to fire you - same for this me thinks !

[Wizard]

Hello both I dare not enter this one as well as upsetting eagle Dan and Rosemary would ban me for life although they probably agree with me Justice must seem to be done, but Justice for whom?

[sellickbhoy]

This to me highlights a real problem with the law.

this legislation puts the burden of paying for pregnancy/child rearing onto employers and it will simply encourage employers NOT to employ women of child bearing age.

I don't think this legislation really helps protect womens employment rights/equality in the workplace. Looks like bad legislation to me.

Put it like this, i'd have to have a good long think before employing a woman who COULD fall pregnant (fall pregnant - ouch!!! like it was an accident! love that expression!)

[Birdie Wife]

I'm with you SB - and I'm pregnant lol ! 
There's no way I would pull a stunt like that, in my mind it's lying in order to get a job. If you were to deliberately lie about your qualifications and get found out, surely the employer would have the right to fire you - same for this me thinks !

The thing is, it's not outright lying - employers are not allowed to ask about this sort of thing in an interview, or they could get prosecuted for discrimination, even if she was showing (though if she was, I daresay they would find a way to employ someone else). It might constitute a white lie, as she withheld information. In theory, an employee could take maternity leave and fall pregnant again within the course of her leave, and take a consecuetive period of leave.  I agree it seems unfair but the arguement goes that it's a human right to bear offspring (that's another arguement waiting to happen!!) and employers must not discriminate in any way on the basis of how likely the potential employee is to have children.

[sagehen]

But surely since she was applying for a job to cover a specific period of time, and she is not able to do that, even on grounds of pregnancy, that she does not qualify for the job in question? Its like applying for a night shift job and then tell the employers that they have kids and can't possibly cover the night shift; the employers are not obliged to employ the person? Why would they be afraid of litigation when the new employee really hasn't got a leg to stand on?

[ballingall]

I do agree that if she didn't tell them at the interview then it is not right. My friend had an employee at her work that did the same thing. My friend is the manager at McCash's country store in Perth, where they sell animal feed, along with a range of smallholder supplies. This girl applied for the job, got it, announced she was pregnant, was off sick all the time with morning sickness. Then when she got further on in the pregancy she was back at work, but announced she couldn't lift anything. Now, its a feed store. The job entails putting sacks of feeding into customers cars- she knew at the interview she wouldn't be able to do it, and yet she took the job anyway. She now is on her paid maternity leave!


Beth

[xnbacon]

Good job she would have been on a limited contract (I assume!), she sounds a nasty peice of work.  Anyone with any moral values wouldn't have even applied for the job, being as it was for a specific period which she couldn't manage.  I thought, though, that Maternity Pay could be reclaimed from Gov't? or at least the majority of it.  Doesn't help the inconvenience and other associated aggro though.  Can't imagine, as mentioned above, shes helped the employment prospects of other women of childbearing age, but its OK cos she's alright!!  I don't think.

[Eagledance]

Wizard - you don't upset me! I am bigger than that!

Re mat pay - do you not have to have worked for an employer for a certain period of time to be eligible for mat leave?

ED

[JulieS]

I don't know if it's changed, but going back about 20 years (yes I'm that old!!)  I had left a job I had been in for 15 years and started a new career.  Within a month of starting I found out I was pregnant (not planned!).  At that time you had to have been working for a company for a couple of years before you were eligible for maternity leave.

I had to resign from the job a month before I wanted to leave, and then reapply when I wanted to go back.  Fortunately my new employers understood it wasn't something I had planned and were very good.

[HappyHippy]

Re mat pay - do you not have to have worked for an employer for a certain period of time to be eligible for mat leave?

ED

You're entitled to have time off if you're pregnant (I don't think there's a set length of time you have to have been employed) But in order to get paid time off you have to have worked for the same employer continuously for at least 26 weeks into the 15th week before the week your baby is due to qualify for Statutory Maternity Pay. You can claim maternity allowance if you've not been with your employer long enough to qualify for SMP. I believe it's subsidised by the government - but not 100% sure. And your job has to be kept open for you, until your leave is over (which can be up to 52 weeks, although not all paid)
I AM that unfortunate person who found herself pregnant again before the maternity leave was finished  But I handed in my notice when I found this out cos I don't think I'll be going back to work somehow 
IMHO the 'system' is way too lax, it allows people (who have no qualms about doing so) to take advantage - I'm a bit too honest/proud/morally enlightened(LOL!) to want to sit there and take hand outs, but there are lots of people who're not 

[sellickbhoy]

I AM that unfortunate person who found herself pregnant again before the maternity leave was finished  But I handed in my notice when I found this out cos I don't think I'll be going back to work somehow 
IMHO the 'system' is way too lax, it allows people (who have no qualms about doing so) to take advantage - I'm a bit too honest/proud/morally enlightened(LOL!) to want to sit there and take hand outs, but there are lots of people who're not 

the future mrs SB has a generous maternity pay package from her employer, we are planning to take full advantage of it by knocking a few bairns out one after another!!

[Wizard]

Aye S B Gordon's Hench persons has already heard about it and the are to put a tax on it its been rumoured its to be known as pole tax just got to finalize the details

[HappyHippy]

Ah, but I'm talking about taking it from the government - from hard working people's taxes  
Don't get me wrong - if you've worked hard for a company and they've got a good package then of course you should use it (I'm just moaning about the abuse of the benefits system)
'Knocking them out, one after another' - Chris, definately wouldn't recommend it   lol !
The strain on your body (never mind your sanity) is tough ! I think the 'experts' recommend a year between giving birth and trying for another just to let your body (or the future Mrs SB's ) recover fully. But it's all very well me saying that *cowers with embarresment* Connor was 3 and a half months old when I fell (most definately unexpectedly) pregnant again  

[Wizard]

Although some may disagree Kath may be an authority on this subject. ::)She had 5 boys