# Local authority employee: Maternity leave while on probation.



## sandrat (10 Jan 2008)

I am a local authority employee and have recently moved up a grade and am therefore required to do a new probation period of 1 year. I did the interview in july before i was pregnant and was appointed in august. I didnt know i was pregnant until after i had signed the contract. My problem is that i am due to start maternity leave in april and will not have completed my probation by then ( i will only have had 2 of the 3 required probation evaluations). Can my probabtion be ended early or extended beyond my maternity leave? I have been told varying things by different people including that while you are on maternity leave you should be treated as though you have been work for the whole time (so they shouldnt extend it just cos of pregnancy because thats discrimination). What should I expect?


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## Berni (11 Jan 2008)

*Re: Maternity leave while on probation in public sector*

When your maternity leave starts, the clock will stop on your probation.  When you come back it will restart, and you will serve the balance then.

It isn't discrimination due to your pregnancy, as any kind of leave (other than holidays) will have the same effect.


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## marvin (11 Jan 2008)

*Re: Maternity leave while on probation in public sector*

Berni is correct. The purpose of probation is to assess your performance in the job. This can;t be done while you're on maternity leave so the probation stops and restarts when you return to work.


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## sandrat (11 Jan 2008)

but it wouldnt be grounds for extending the probation beyond a year in total? (some before and some after maternity leave)

I had difficulty at first probation meeting with regards to attendance aspect because I had missed 2 weeks due to pregnancy related illness (threatened miscarriage and severe dehydration from vomiting). I had to argue that it was beyond my control as it was medical advice and pregnancy related and it was eventually agreed that my attendance met the standard required.


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## Berni (11 Jan 2008)

yes, the total length wouldn't be affected. So if you've 9 months done before you leave, you'll only have 3 left when you get back.


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## Bernadette M (6 Nov 2008)

I too am a local authority employee.  I had 42 weeks of my probation completed before I commenced maternity leave.  During this 42 weeks, I was off for 7 weeks due to pregnancy complications.  My line manager has told me that when I return to work that I will have to work 
-the remaining 10 weeks standard probation 
-plus my 7 weeks sick leave (which I can accept)
-plus an additional 10 weeks because I was on maternity leave.
When I questioned her about this she informed me that while there was no problem with my work, that she was extening my probation by a further 10 weeks due to the fact that I was on maternity leave.  She told me that she has discussed this with HR and that this was their recommendation.

Is this discrimination because I was pregant?  If so, where can I access written verification of same?


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## j26 (6 Nov 2008)

Generally absences from work other than annual leave are added to your probation period.  

The thing is that pregnancy sick leave (if certified) is treated differently than normal sick leave for promotion/assesment purposes in that it is discounted automatically.  You could put forward the argument that if it is discounted for that, it should be discounted for your probation.
The added 10 weeks just sounds bizzare to me, and I can't see where it's coming from at all.

Talk to your union (if you're a member) and see what they can do for you.


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## Bernadette M (9 Nov 2008)

I was unaware that maternity sick leave can be treated differently to standard sick leave.  
As I am on probation and do not want to create an atmostphere at work, I do not wish to approach the union in relation to this matter at this point in time.
I would appreciate if someone could tell me whether or not, having your probation extended beyond 52 weeks of work, because you were on maternity leave and maternity sick leave, is pregnancy related discrimination.  I have it in writing that these are the reasons that my probation has been extended.


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## Diziet (9 Nov 2008)

I would have thought that extending your probation to 62 weeks because you were on mat leave is indeed discrimination. I think you should take advice on this.


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## Bernadette M (9 Nov 2008)

As I do not wish to go to a solicitor or my trade union with this matter, I would like to know where I can find written evidence to support the fact that this is discrimination.
Can anyone refer me to any policies (government/legal) regarding same.  I would like to have some sound documention to support me when I confront my line manager on the issue.


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## Diziet (9 Nov 2008)

Take a look at http://www.citizensinformation.ie/c...conditions/leave-and-holidays/maternity_leave

You are entitled to return to your job and the contract you had prior to your mat leave applies. 

The law says that you cannot be treated differently because of gender or family status. Discrimination because of pregnancy is treated very seriously.


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## Dachshund (9 Nov 2008)

You could contact the Equality Authority on 1890-245545. They should be able to inform you if you are being discriminated against.


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## sandrat (25 Feb 2009)

Sorry to drag up old thread but I am finishing up my unpaid maternity leave this week and going onto annual leave before returning to work. I had 7 and a half months probation done before maternity leave and am taking another month and a half before returning to work. I have a few questions:
1. does this month and a half count towards my probation meaning i will have done 9 months probation on the day I return?
2. Does the year I have been off on maternity leave and annual leave count towards my service?
3. If it does count towards my service, then ,at the end of my probation I will have 2 years service in this position, so should i expect to go up 2 points on the salary scale instead of one?
4. A little off point but do they have to give a good reason not to put me in the same job I was in before I left or can I be anywhere at the same grade and will my probation then be based on that job for the final assessment (which normally takes place around 9 months i.e. the day I come back)


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## nosedive (29 Sep 2011)

*Leave entitlements on probation*

As another question on leave and probation - are you entitled to this?

I'm in a position where my 3 month probation was extended to 6. I've been in the job 5 months now and have taken 5 days leave in that time; if I give notice and resign a couple of weeks before my 6m onths probation ends am I entitled to any pay in lieu of holidays not taken??

No specific number of days were agreed at contract other than the holidays would be as per Construction Industry Federation holidays (which were 2 weeks in July/August).


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## defunct (12 Oct 2011)

In your final pay, you should be paid for any days not taken - the number of days that you are entitled to will be determined by your actual service dates. For example, if your standard annual entitlement is 20 days and you work 6 months, you would have accumulated 10 days annual leave and since you've taken 5, you'll be entitled to be paid for the balance of 5 days. If you're not working full-time - your annual leave entitlement will be 8% of the hours that you've worked.  There's no qualifying period for annual leave, so it doesn't matter if you're in probation or not.


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