# Advertising a job for employee taking maternity leave.



## Alli (26 Apr 2010)

Hello,

If a full time employee with a good work history of a number of years announces a pregnancy, can a company advertise her job as 'full-time permanent?' instead of 'maternity leave cover'?  Employee has indicated she wishes to return to full time employment after 26 weeks.

What are the implications for the employee/ employer if advertise the job in this way?

Also, can an employer ask that you don't disclose to other staff when you are pregnant? 

Thank you.

Alli


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## jhegarty (26 Apr 2010)

1) Yes, but don't do it.

2) None , but don't do it.

3) They can ask , force not a chance.


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## Alli (26 Apr 2010)

I'm asking this question from the side of the employee - if this happened to you what would you do?

Employee in question wrote to management and asked why job was advertised as full-time and not maternity leave cover?  Response was vague and unhelpful...along the lines of 'you should not be looking at job adverts'.  What should employee do?


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## jhegarty (26 Apr 2010)

Sorry , presumed you were the employer.


1) Yes, they can.

2) Nothing you can do about it.

3) They can ask , but not make you.  You are free to announce on the 9 o'clock news if you want.


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## tenchi-fan (26 Apr 2010)

Do you really think the job should be advertised as "'maternity leave cover" when the employee asked that other staff should not be made aware of the pregnancy... i think the poor employer is damned if he does and damned if he doesn't!

The employer is well within their rights to advertise a job like that. The will have spent months training up a new employee.. why would they want to let them go when they are familiar with the company? Maternity leave is already a huge expense on employers without expecting them to train temp staff.

Also, if it is not practical to allow an employee to return to the same job (e.g. the job no longer exists) the employer is permitted to let the employee return to a different job with the same pay and similar working conditions. 

I don't think the employer is doing anything wrong.


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## Magpie (26 Apr 2010)

Not doing anything wrong? If you go on maternity leave your job must legally be protected for you to return to. If they are advertising for someone to take over that specific role permanently, they are either messing with the employees maternity rights, or lying to candidates as the job is not permanent.


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## Magpie (26 Apr 2010)

tenchi-fan said:


> Do you really think the job should be advertised as "'maternity leave cover" when the employee asked that other staff should not be made aware of the pregnancy... i think the poor employer is damned if he does and damned if he doesn't!
> 
> The employer is well within their rights to advertise a job like that. The will have spent months training up a new employee.. why would they want to let them go when they are familiar with the company? Maternity leave is already a huge expense on employers without expecting them to train temp staff.
> 
> ...



no EMPLOYER said not to tell staff about pregnancy, not employee. And the job does exist, they are just giving it to someone else.


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## jhegarty (27 Apr 2010)

Magpie said:


> Not doing anything wrong? If you go on maternity leave your job must legally be protected for you to return to. If they are advertising for someone to take over that specific role permanently, they are either messing with the employees maternity rights, or lying to candidates as the job is not permanent.



Nothing stopping them reassigning the new person when/if she comes back.


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## Magpie (27 Apr 2010)

then the job being advertised is NOT permanent then, if they intend to reassign them after 6 months.


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## Leo (27 Apr 2010)

Magpie said:


> then the job being advertised is NOT permanent then, if they intend to reassign them after 6 months.


 
That's not what permanent means! If it's not a fixed term contract position, it's permanent. The role can change, but the job remains.


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## MANTO (27 Apr 2010)

Should it not be advertised as a Specific Purpose 6 month contract?


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## Leo (27 Apr 2010)

Employer can advertise it however they want, there is no legal requirement to back-fill a maternity leaver with a fixed term contractor. Person going on maternity will return to their original role or suitable alternative work at the end of their maternity period. The person brough in to back-fill could remain in the role, be transferred to other duties, or let go.
Leo


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## Complainer (27 Apr 2010)

Leo said:


> Employer can advertise it however they want


WHile technically true, I think it would be important for the employee to 'mark their cards' by querying the employer plans now. This will stand to the employee if things deteriorate when she wants to come back to work.


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## Magpie (27 Apr 2010)

Leo said:


> Employer can advertise it however they want, there is no legal requirement to back-fill a maternity leaver with a fixed term contractor. Person going on maternity will return to their original role or suitable alternative work at the end of their maternity period. The person brough in to back-fill could remain in the role, be transferred to other duties, or let go.
> Leo



You cannot replace someone on maternity leave. You are saying if someone new is hired to cover they can stay in that job and the person on maternity leave can be given alternative work? thats the fast track to an employment tribunal!


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## Seagull (27 Apr 2010)

What size is the company?
Is there any chance that they feel that in 6 months they will need another employee, and so are making it a permanent position?


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## Leo (27 Apr 2010)

Magpie said:


> You cannot replace someone on maternity leave. You are saying if someone new is hired to cover they can stay in that job and the person on maternity leave can be given alternative work? thats the fast track to an employment tribunal!


 
It's no me that's saying it, it's the law: Maternity Protection Act 1994. See sections 26 & 27 in particular. 

From citizensinformation.ie:
*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.


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## Staples (28 Apr 2010)

Sounds like the employer is trying to widen the net of potential applicants by advertising the job as permanent rather than the part-time one it really is. Asking the OP to conceal the fact she's pregnant sounds like part of an attempt to dupe a new entrant into thinking he/she is filling a permanant vacancy. If the OP decides not to come back, then everyone's a winner. Howver if the OP eventually wants to return, the new person can simply be let go (assuming they haven't worked up 12 months).

Not really fair on the newbie, especially if they resigned another job in good faith.

Maybe not illegal but certainly unethical on the part of the employer.


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## Mrmr (28 Mar 2011)

Alli I know this is an old thread but are you able to tell us how this situation worked out?


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