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new job/pregnancy/mess

  • 18-12-2014 6:44pm
    #1
    Registered Users, Registered Users 2 Posts: 20


    Hi,
    So this is the situation: I work in a big supermarket chain as a manager. The job is well paid, but I have to commute far and work very long hours, not to even mention that the job itself is very physically and mentally draining. I have been recently looking to progress my career or at least find something more "convenient" and I have applied for two jobs: one is a head office role within my company, the other one is a job in a different organization.
    I have been successful in moving into final stage of interviews in both cases. And at least in one case I am nearly sure I will get an offer...but...

    I have just found out I am pregnant...

    Its a very, very early stage of a pregnancy and I honestly had no idea I was pregnant (or rather going to be pregnant) when applying.

    The problem is: my company pays a maternity top-up. I don't think I can survive without it. If I get an offer from the other place should I, during the initial conversation when they outline the offer details, tell them that my decision will be based on whether I get maternity top-up or not? Is that a really bad start? Do many companies pay top-ups even if you are a new starter?

    I will also need to ask that question to my current employer, given that I get the offer (which I am rather uncertain about) as I am worried that changing a position can affect my right to the top up? Will I be treated as a new starter (to get the top-up you need to be in employment for over 12 months)?

    I am really confused and will appreciate any advise!


Comments

  • Registered Users, Registered Users 2 Posts: 7,134 ✭✭✭Lux23


    I think I would stay with your own company, I mean I don't think you get maternity top ups for the first six months/year in a lot of companies. It would be the same as sick leave for some.


  • Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,459 CMod ✭✭✭✭Nody


    //MOD

    This is a pre-emptive warning based on the last thread on the topic we had which became a train wreck. Only post if you're giving advice to the OP; do not post on the topic of right or wrong on paying maternity pay, telling it or not telling it to the existing/new employee etc. Anything like this or similar not covered in the warning will result in a forum vacation; this is your first and last warning on the topic.

    //MOD


  • Closed Accounts Posts: 40 nukie1978


    If you're staying with your current employer, you would retain rights as long as your employment is continuous— a new contract does not break the continuity, nor will a short break (this was changed maybe 10 or 15 years ago to deal with companies which had staff on "temporary" contracts for 11 months, laid them off for a month over Christmas, then started a new contract in the New Year— the idea was to avoid the right to contract of indefinite duration which would have otherwise been accrued after 4 years).

    You would therefore be entitled to the same rights in your new position as you would have had if you had spent your entire career in it (except if there is a probationary period in the promotion, during which you could be sent back to your old job).

    Maternity top-ups are optional BUT a company is required to follow it's own policy. If company policy says there's a waiting period, you can't force them, but if they have a practice of paying the top-up for all, they can't decide not to for you.

    In any case, once you notify your employer (current or new) of your pregnancy, they are obliged to ensure you have a safe place of work in view of your pregnancy. In effect, this might mean less physical work and (depending on the nature of the organization) changed work pattern might also be appropriate.

    You're not obliged to tell them at any point before you start that you're pregnant (and you can sue them if they even ask). I would be inclined to get the offer in writing for the new company, see if there is any reference to maternity top-up and ask for information on this (in writing) if there is none.


  • Closed Accounts Posts: 12,468 ✭✭✭✭OldNotWIse


    Lux23 wrote: »
    I think I would stay with your own company, I mean I don't think you get maternity top ups for the first six months/year in a lot of companies. It would be the same as sick leave for some.


    I agree. I would stay with the current company as at least you know you can count on getting it, and hopefully more opportunities will present after you are due to return. You could also look on the last few weeks of leave as time that you could use to prepare for moving and look for something else, although I know you will have your hands full anyway! Good luck :)


  • Registered Users, Registered Users 2 Posts: 20 Safran


    hi,
    Thanks for all the responses. The problem is when you accept a top-up in my company you sign an agreement that you cannot quit for a full year after returning to work, otherwise you have to PAY IT BACK. And I really don't want to stay there...


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  • Registered Users, Registered Users 2 Posts: 399 ✭✭Donald73


    Congratulations on your pregnancy. I'm unsure of how pregnancy rights are in Ireland (I had my son while living in the UK and only knew their way) but my only advice to you would be to sit down and work out could you afford to do without the topup if you were to take the position in the other company? Assuming you're only newly pregnant, would you be in a position now for the next few months to even save up part of or the equivalent of what the topup would be to help financially then?

    If you absolutely could not manage without the topup my advice would then be to take the position within your existing company, get the topup, go back to work after the baby when you normally would and just put in the year - it's not a huge amount of time and if it will make things financially easier for after the baby is born then it will be worth it - and then if you still fel likeyou don't want to be there then you could see about opportunities elsewhere.

    All the best of luck and congratulations again.


  • Registered Users, Registered Users 2 Posts: 37,315 ✭✭✭✭the_syco


    Safran wrote: »
    hi,
    Thanks for all the responses. The problem is when you accept a top-up in my company you sign an agreement that you cannot quit for a full year after returning to work, otherwise you have to PAY IT BACK. And I really don't want to stay there...
    That makes sense, and to be fair, you should stay in the job for the first year after the pregnancy regardless.

    The reason being is if you started a new job, and were absent for a couple of days here and there due to sh|t happening (baby being sick, doctor visits, etc) it will look bad, and you could get let go due to the absence. Whereas saying in your current job, getting the top-up, and if you are out the odd time after you go back to work, I dare say they'll be a bit better about it.

    Furthermore, regarding the job being "physically" demanding, talk to your doc about it, as they may tell you when you need to stop doing such work. Wait until the 3 month mark (generally the best time I think to tell people about the new child on the way), and then inform the current employer about it, and that your doc said you should ease off on the physical part at X date, so allow them to ensure there's help/support there for you.


  • Closed Accounts Posts: 40 nukie1978


    the_syco wrote: »
    Wait until the 3 month mark (generally the best time I think to tell people about the new child on the way), and then inform the current employer about it, and that your doc said you should ease off on the physical part at X date, so allow them to ensure there's help/support there for you.

    Ahem. That's a pile of crap.

    Her employer is obliged to conduct a pregnancy risk-assessment as soon as she notifies them of her pregnancy, whether after 6 weeks or 6 months. If some aspects of her job are hazardous to her or the fetus by reason of her pregnancy, she may be placing herself/her fetus at risk by delaying notifying her employer. Depending on her job, it may be a necessary precaution for her to immediately cease certain aspects of it. Her employer may be aware of hazards of which her GP is not (eg exposure to chemicals etc) which are only hazardous in the context of pregnancy.

    It will also allow her paid time off to visit her GP and other ante-natal care.

    She can notify her employer in confidence. If they spread it around as office gossip when reported in confidence, she has a case under the Data Protection Acts. Very strict rules around these kind of things.


  • Registered Users, Registered Users 2 Posts: 37,315 ✭✭✭✭the_syco


    nukie1978 wrote: »
    Ahem. That's a pile of crap.

    Her employer is obliged to conduct a pregnancy risk-assessment as soon as she notifies them of her pregnancy, whether after 6 weeks or 6 months.
    Sorry, no offence meant. The 3 month thing was when most people would tell me they have a kid (I think there's a checkup around this time period?).


  • Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,690 Mod ✭✭✭✭Stheno


    the_syco wrote: »
    Sorry, no offence meant. The 3 month thing was when most people would tell me they have a kid (I think there's a checkup around this time period?).

    It's generally at the three month stage as the risk of miscarriage lowers after that time iirc


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  • Closed Accounts Posts: 40 nukie1978


    the_syco wrote: »
    Sorry, no offence meant. The 3 month thing was when most people would tell me they have a kid (I think there's a checkup around this time period?).

    No offence intended about it being a pile of crap. 3 months is fine with friends and family, but leaving it that long in work could potentially mean exposure to an environment in the most vulnerable period which could result in miscarriage or birth defects— she may need to be shunted into an office job for the next 7 months.

    Or it may make absolutely no difference whatsoever. I haven't a clue about the minutia of the OP's job, and neither does anyone else here. If it's an organisation of any size, they will have a list of things a pregnant employee can and can't do, which has been drawn up by experts. In this context, the GP probably knows less than the Health & Safety Officer in the OP's company, which is why she should notify her employer (in confidence, if she chooses) ASAP. Unless her employer enjoys getting sued, it won't make any difference to her promotion prospects etc.


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