Annual leave being used while pregnant

Lynnington3

A friend has recently started a job (3 months ago) with the HSE , full time permanent. She was pregnant when she was interview and hired and is due to go on Mat leave in the middle of august.

the last few weeks she has noticed that some of her days to work on the roster are being put down as annual leave even though she hasn’t requested any A/L. For example, she usually works 5 out of 7 days , any days Of the week , and this week she has 3 days down to work and 2 days marked as AL.

also her days when she has antenatal appointments are being put down as A/L days too .

She was confused and asked me was this normal .I’m in the civil service so wouldn’t have the same contract or terms and conditions but surely this cannot be right?!

when she approached the lady who does up the rosters she replied with “we are just minding you and anyway you won’t be here to use your AL”

macvin

I'd assume that if she did not use her annual leave by end of December it is forfeited. And as she will be on maternity leave isn't it best that she can have the benefit of it.

Fair play for them hiring her knowing that very quickly she'll be taking maternity leave which probably is being paid too.

I think she should let the HR person know that it is appreciated and not be searching for any angle to complain about when she is actually getting maximum benefit.

Sarn

They shouldn’t be using up her annual leave for her. She can carry her annual leave into the following year and take it at the end of her maternity leave, it will not be forfeited.

Lynnington3

https://www.boards.ie/discussion/comment/119279807#Comment_119279807

Her leave year is April to March so she will be back from Mat leave before the leave ends

Lynnington3

And also, what do you mean by “fair play to them for hiring her?” Pregnancy can’t be used to discriminate against hiring someone.

Mrs OBumble

I'd be taking the "we are just minding you" comment to the: if the employee needs accommodations, then it should be done in an agreed way.

Also antenatal appointments 100% should not be A/L (though she might just find that she's not rostered to work those days).

ari101

This is wrong,

Antenatal appointments are required to be given paid time off, not from annual leave; the individual needs to have given the employer medical confirmation of pregnancy and notice of the appointments (and possibly supporting letters to prove each if requested).

Annual leave can not be stipulated for her just because she is pregnant. If the company closes office (e.g. Christmas usually) they may specify that all employees take leave, or if an employee had built up excess leave (given the employee is new to the role this seems impossible). Now the company may have legal ways around stipulating leave, but what is described above is not appropriate.

She is entitled to accrue her leave and take it after her maternity leave (it must be after the optional 16 weeks, if taken) as paid leave before returning to work.

Given this is being done to her it would be also worth noting she is also entitled to annual leave for the 26 week maternity leave period and time in lieu/pay for any public holidays that fall during that 26 weeks.

She needs to speak up for herself. If they dig their heels in, maybe the words 'complaint' and 'WRC' might resolve the issue without need for action.

https://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/maternity_leave.html

dat6

THH, it does sound like there is more at play here. I suspect some miscommunication.

As bad as the HSE are, I don’t see them making this mistake deliberately.

Wishbone Ash

https://www.boards.ie/discussion/comment/119282936#Comment_119282936

Yes I agree. I'm a senior (clinical) manager in the HSE and I've never heard of anything like this in my 35 years with them.