Let Go 2 months before Maternity Leave Starts

LegacyUser

Hi folks,

My girlfriend works in a cafe on a yearly contract basis. She is currently 7 months pregnant.

She gave her employer her maternity leave forms on Monday gone, for her to fill out.

Her employer told her yesterday that she wont be renewing her contract because she has to cut hours, due to covid and only operating as a takeaway business at the moment.

My gfs aunt works in the social welfare office and informed her mother that she will still be entitled to maternity leave as she worked up to 7 months.

When my gf asked for the forms back today, her employer told her that she still hasn't signed them and that they are still with her accountant. She then stated that she "probably" won't have to sign them at all now. Gf then told her that she as far as she knows, she is still entitled to the leave, her employer didn't respond. Gf informed her she needs them tomorrow so that she can have them stamped Monday morning at her hospital appointment, her employer just said she wont have them tomorrow and left the work place.

The cafe is open saturday (gf not working), so hopefully she will bring them in then and we can collect them, but she has a history of being a right arsehole tbh so it is hard to know.

Girlfriend is stressing big time over all this, so any advice on the whole situation will be greatly appreciated.

Thanks folks.

InfoNeeded

Hi folks,

My girlfriend works in a cafe on a yearly contract basis. She is currently 7 months pregnant.

She gave her employer her maternity leave forms on Monday gone, for her to fill out.

Her employer told her yesterday that she wont be renewing her contract because she has to cut hours, due to covid and only operating as a takeaway business at the moment.

My gfs aunt works in the social welfare office and informed her mother that she will still be entitled to maternity leave as she worked up to 7 months.

When my gf asked for the forms back today, her employer told her that she still hasn't signed them and that they are still with her accountant. She then stated that she "probably" won't have to sign them at all now. Gf then told her that she as far as she knows, she is still entitled to the leave, her employer didn't respond. Gf informed her she needs them tomorrow so that she can have them stamped Monday morning at her hospital appointment, her employer just said she wont have them tomorrow and left the work place.

The cafe is open saturday (gf not working), so hopefully she will bring them in then and we can collect them, but she has a history of being a right arsehole tbh so it is hard to know.

Girlfriend is stressing big time over all this, so any advice on the whole situation will be greatly appreciated.

Thanks folks.

Edit: Her current contract runs until tomorrow week

Mrs OBumble

How long has she been working there for?

InfoNeeded

Mrs OBumble wrote: »

How long has she been working there for?

Hi, next Friday will be the end of her second year there.

whampiri

There's a lot wrong here. 1. The forms will need to be filled. 2. Cutting the hours of someone who's expecting is very dangerous as women who are pregnant have specific protections. 3. Leaving someone go who is pregnant is basically asking for trouble under employment legislation.

At this stage, a quick phone call to the local citizens advice wouldn't go astray.

GerardKeating

InfoNeeded wrote: »

Her employer told her yesterday that she wont be renewing her contract because she has to cut hours, due to covid and only operating as a takeaway business at the moment.

whampiri wrote: »

Cutting the hours of someone who's expecting is very dangerous as women who are pregnant have specific protections.

whampiri wrote: »

3. Leaving someone go who is pregnant is basically asking for trouble under employment legislation.

At this stage, a quick phone call to the local citizens advice wouldn't go astray.

In theory, if the employeer can prove the pregnancy was not part of any consideration, then they can let her go, but this can be difficult to prove/disprove

InfoNeeded wrote: »

My gfs aunt works in the social welfare office and informed her mother that she will still be entitled to maternity leave as she worked up to 7 months.

maternity leave or maternity benefit ?

Wesser

Of course she is entitled to maternity leave.
The question is will she be entitled to maternity pay..... no?
Its a little umclear what you want...

Meeoow

Is she paying tax and prsi? Sounds like maybe her employer hadn't her registered and is trying to shaft her.

Sam Quentin

Wesser wrote: »

Of course she is entitled to maternity leave.
The question is will she be entitled to maternity pay..... no?
Its a little umclear what you want...

That is not the right correct nor legal situation, so that is not the answer.... unfair dismissal for a start. It's quite clear.

NickNickleby

immediately while its fresh in your minds, write down everything that has happened, making sure to include all details, who said what, and WHEN.

This sounds like a case for the WRP. This definitely sounds like unfair dismissal, being let go AFTER handing in Mat Leave/Pay papers.

A visit to Citizens Advice might be a good way to get advice quickly.

Dav010

Sam Quentin wrote: »

That is not the right correct nor legal situation, so that is not the answer.... unfair dismissal for a start. It's quite clear.

Is it?

The op’s girlfriend is on a one year fixed term contract and has been told it will not be renewed, as long as the contract states the UDA does not apply at the end of the contract, unfair dismissal is not clear at all. I would say the cafe being closed to customers is a rather valid reason for not renewing staff contracts, wouldn’t you?

Like the previous poster, I’m not sure what the op is asking, maternity leave/benefit is an entitlement , benefit is a welfare payment which his girlfriend can check entitlement to with the Department rather than with employer. The op’s girlfriend just has to give 4 weeks written notice of when ML is to start.

Mrs OBumble

Dav010 wrote: »

maternity leave/benefit is an entitlement , benefit is a welfare payment which his girlfriend can check entitlement to with the Department rather than with employer.

Unfortunately to get Maternity Benefit, the employer does have to fil in some forms, and the employee has to be working or on health-and-safety leave at the time when maternity leave starts.

And it is these forms which are proving the sticking point. It's possible that they are asking the employer to state that the employee has a job to come back to - and if so, I can see why the employer would be wary at the current time.

OP, I would check with Welfare about whether someone who is on PUP becomes eligible for Maternity Benefit: I think that at the start they weren't but that the rule was changed. But I'm not up with the detail. However it may be possible to talk the employer into putting her on a short-term layoff which will cover the time from now until MatBen starts.

And ignore all the talk of unfair dismissal etc. It applies in normal times. But we are in the middle of a business-altering pandemic. The employer has lots of grounds for not renewing contracts right now.

Id check that the employer has been paying her stamps over ... sounds dodgy.

Pkiernan

Mrs OBumble wrote: »

Unfortunately to get Maternity Benefit, the employer does have to fil in some forms, and the employee has to be working or on health-and-safety leave at the time when maternity leave starts.

And it is these forms which are proving the sticking point. It's possible that they are asking the employer to state that the employee has a job to come back to - and if so, I can see why the employer would be wary at the current time.

OP, I would check with Welfare about whether someone who is on PUP becomes eligible for Maternity Benefit: I think that at the start they weren't but that the rule was changed. But I'm not up with the detail. However it may be possible to talk the employer into putting her on a short-term layoff which will cover the time from now until MatBen starts.

And ignore all the talk of unfair dismissal etc. It applies in normal times. But we are in the middle of a business-altering pandemic. The employer has lots of grounds for not renewing contracts right now.

More rubbish.

bee06

From citizens information: https://www.citizensinformation.ie/en/social_welfare/social_welfare_payments/social_welfare_payments_to_families_and_children/pregnancy_and_social_welfare_payments.html

You cannot qualify for Maternity Benefit if you are unemployed and pregnant, unless your contract of employment ends within 16 weeks of the week in which your baby is due and you satisfy the PRSI contribution conditions. In this case, Maternity Benefit is paid from the day after your employment ends.

Mrs OBumble

bee06 wrote: »

From citizens information: within 16 weeks of the week in which your baby is due

Thank you, I think that's new - when I looked in it a few years ago, there wasn't a within 16 weeks option.

But I would still check this with Welfare. I've found Citizen's Information to be incorrect on details like this more than once.

Stheno

Pkiernan wrote: »

More rubbish.

Cut out the unhelpful one liners please - mod