Employment question (Maternity)
Discussion
I'm a bit unsure on this one!
Client had an employee who joined, then, after 3 months, told them she was six months pregnant.
She was not entitled to SMP, so none was paid, she then left early with a sick note. She had the baby, and now, after her time off, has phone up saying she wants to come back to work.
Anyone got any ideas on where my client stands?
They've had to lay someone off already and work has dried up so they're struggling anyway. Do they have to take her back? I can't see anything that would suggest they do.
Client had an employee who joined, then, after 3 months, told them she was six months pregnant.
She was not entitled to SMP, so none was paid, she then left early with a sick note. She had the baby, and now, after her time off, has phone up saying she wants to come back to work.
Anyone got any ideas on where my client stands?
They've had to lay someone off already and work has dried up so they're struggling anyway. Do they have to take her back? I can't see anything that would suggest they do.
I would think that she was entitled to Maternity Leave just not to receive Maternity Pay whilst on it, as such I think they probably do have to offer her job back, all things being equal (i.e if they weren't thinking of cutting back anyway). If still under 1 years service then usually pretty easy to get shot, but the pregnancy will make even this tricky as she could still try a claim unfair dismal due to having had a child. If they can categorically show they would have let her go anyway (the other staff you mention having been laid off will help, especially if they had been there longer etc) then I think it's technically ok, but it's still leaving them a bit exposed to potential grief.
I'm no HR guru though, just pick up a bit from Mrs Cloth who is. Can ask her later on if you don't get more responses.
I'm no HR guru though, just pick up a bit from Mrs Cloth who is. Can ask her later on if you don't get more responses.
It sounds like your client should have dealt with this ASAP after she told you she was pregnant - I assume this has been left and was not discussed with her or she was not sacked for non-attendance after her sick note expired? This leaflet and the contact details within may help http://www.direct.gov.uk/prod_consum_dg/groups/dg_...
To qualify for maternity leave, a woman must tell her employer by the end of the 15th week before the expected week of childbirth.
http://www.direct.gov.uk/maternity.dsb
Answer the questions on the above site and it will tell you whether she is or isn't entitled.
http://www.direct.gov.uk/maternity.dsb
Answer the questions on the above site and it will tell you whether she is or isn't entitled.
It seems they should have dealt with the non-attendance issue earlier.
However, she signed a letter offered by the employer stating they would have her back part time, if the company is in a position to do so.
Sadly, they are not, and have already laid off someone else, there are only two of them working there now.
However, she signed a letter offered by the employer stating they would have her back part time, if the company is in a position to do so.
Sadly, they are not, and have already laid off someone else, there are only two of them working there now.
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