Maternity Leave

Hi

Folks,

I want to get your opinion on this scenario.

My other half works in the corporate world and has just started her maternity leave. The other day she received a call to say she would have to come in for an interview to reapply for her job.

Is this legal?

Thanks in advance.

Nody

You can't get a legal answer here, so my layman answer is, maybe. As I recall the company has to offer her a position when she comes back of equal level but not required that it is the same position as she had when she left.

corkgal1981

I'll be going on maternity leave myself in a few months so I've been looking into all my rights recently!

It seems strange that she is required to go in for an interview if she already works there! The only way they can let her go from her current position is if that position no longer exists. They can't replace her, she is entitled to the same position when she returns if that position still exists within the company. She can't be demoted at all. If they have to get rid of her current position they have to give her one with equal pay, bebefits etc.

Is there an occupationa support officer in ger company who she could get advice from?

Hope this helps

Jimdagym

She is not entitled to her old job back, she is entitled in her old job, or another job without loss of pay or benefits.

Eoin

Jimdagym wrote: »

She is not entitled to her old job back, she is entitled in her old job, or another job without loss of pay or benefits.

Correct. However, I wonder what the story is if the company is making people redundant, which I would presume to be the case unless the company wants to end up in court.

Quality

Returning to work


Under Section 26 of the Maternity Protection Act 1994 you are entitled to return to work to the same job with the same contract of employment. Section 27 of the Act states that if it is not reasonably practicable for your employer to allow you to return to your job, then they must provide you with suitable alternative work. This new position should not be on terms substantially less favourable than those of your previous job.
Otherwise, you are entitled to be treated as if you had been at work during your maternity leave. Your employment conditions cannot be worsened by the fact that you have taken maternity leave, and if pay or other conditions have improved while you have been on maternity leave then you are entitled to these benefits when you return to work.

Eoin

Yes, but if the company is making people redundant, that could change things drastically for all we know.

OP - is this the case?

Quality

eoin wrote: »

Yes, but if the company is making people redundant, that could change things drastically for all we know.

OP - is this the case?

From my reading of the original post, she has been neither let go, nor made redundant. So why on earth would she have to reapply for her job?

professore

Hi wrote: »

Folks,

I want to get your opinion on this scenario.

My other half works in the corporate world and has just started her maternity leave. The other day she received a call to say she would have to come in for an interview to reapply for her job.

Is this legal?

Thanks in advance.

Whatever about the legality, it's nonsense to be re-interviewed for a job. If they don't know by now if she can do the job how the hell are some airy fairy HR people going to know ?

Eoin

Quality wrote:

From my reading of the original post, she has been neither let go, nor made redundant. So why on earth would she have to reapply for her job?

professore wrote: »

Whatever about the legality, it's nonsense to be re-interviewed for a job. If they don't know by now if she can do the job how the hell are some airy fairy HR people going to know ?

Re-applying / re-interviewing for your job is increasingly more common. It's been mentioned in several threads here recently.

I had to re-apply for my job in my last company. This company was very heavily unionised, and even they recommended that we go along with it, so there obviously weren't many legal grounds for them to disagree with it.

Edit - not only HR people conduct interviews by the way.

Hi

eoin wrote: »

Re-applying / re-interviewing for your job is increasingly more common. It's been mentioned in several threads here recently.

I had to re-apply for my job in my last company. This company was very heavily unionised, and even they recommended that we go along with it, so there obviously weren't many legal grounds for them to disagree with it.

Edit - not only HR people conduct interviews by the way.

When a company restructures they can ask employees to re-apply for their jobs. I know of several companies who have decided to restructure now.

What will happen is you either get the job, or you don't. Where the employee doesn't get the job, that employee will either be offered a redundancy package or else moved to another area of the business.

I'm interested in the legality of asking an employee who is on maternity leave to come into work for an interview. And secondly, if the interview is not successful, then obviously they will return to work in a different position (even though the position she was in before leaving still exists).

Eoin

Hi wrote: »

When a company restructures they can ask employees to re-apply for their jobs. I know of several companies who have decided to restructure now.

What will happen is you either get the job, or you don't. Where the employee doesn't get the job, that employee will either be offered a redundancy package or else moved to another area of the business.

Yes, I know this - it's exactly what happened in my last company. However, redundancies don't have to be voluntary.

Hi wrote: »

I'm interested in the legality of asking an employee who is on maternity leave to come into work for an interview. And secondly, if the interview is not successful, then obviously they will return to work in a different position (even though the position she was in before leaving still exists).

I think this is another case where legal advice should be sought. Are women on maternity leave exempt from redundancy? Talk to a solicitor.

Iago

As she must be treated as if she was still in the office then they have to give her an opportunity to interview for the role. I'm sure she's within her rights to reject the interview, but I don't see any benefit to her to do so.

If this is across the board and she would have had to re-interview even had she not been on maternity leave then I don't believe there is anything illegal here.

Essentially, if the fact that she is on maternity leave is just a co-incidence then that's that. As you say if unsuccessful they will have to offer a redundancy package or a simliar type role.

Tbh I'm not sure what the situation is if it is a forced redundancy while someone is on maternity leave, if the role still exists i don't think they can do it. If the role no longer exists maybe they can. Someone else may have a better answer.

[size=-12]edited: to remove maternity leave comment for clarification[/size]

Eoin

Maternity leave is not optional. Maternity pay is.

jobucks

Iago wrote: »

Maternity leave is optional for all companies, much like all other types of leave. .

I think you'll find that Maternity leave is NOT optional, however the amount (if any) Maternity pay you receive is.:)

Edit: Soz Eoin, just saw your post

Iago

eoin wrote: »

Maternity leave is not optional. Maternity pay is.

semantics but you are of course right. post edited.

Ellechim

Guys, actually, if the company is making redundancies or reorganising and can argue her job is gone they have a period of time for her to find another job internally (once her maternity leave is up) of 10 weeks and then they make her redundant.

I know coz this happened to me and it was entirely legal. There was a mega re-org just as I was going on maternity leave.....my job as it was went, as did a few others, I had to look internally for another role, had to apply, go through interviews (even competency based HR interviews even though I'd had those entering the company) ended up being offered something that I didn't want so took the money.

It is horrible, because, if you were in the office you could be sussing stuff out, making work for yourself but once you're out of the building it's a case of out of sight out of mind - the indispensible person becomes dispensible regardless of how they covered the role in her absence.

This was a US multinational by the way with very significant presence in Ireland and a regular in the top 10 companies thingummy - they did this to me and two other women in the dept in the same situation (and none of the men) and it was entirely legal................even though very wrong