# Maternity leave not mentioned in contract for new job



## sun_sparks (7 Dec 2007)

Quick question for all you gurus!

I've been offered, and accepted, a fantastic new job. Just got the contract and one small issue raises its head.

One of the reasons (the many reasons!) I am leaving my current role is its lack of paid maternity leave. I had assumed that this new role would provide maternity benefit (it was not a deal-breaker), but the contract contains no mention whatsoever of this subject. The company is a respected global multinational. 

It provides great detail on pensions/sick leave/holidays, on which they are very generous, so would I be right to assume that no _mention_ of paid mat leave means no paid mat leave?

And, if I did want to confirm this, is it like flying a red flag if I ask the question??

FYI, I have no plans to get pregnant straight away (it was a possibility in the last job, but I would like a good run at this job before planning a family).

Thanks in advance.


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## Staples (7 Dec 2007)

As you seem to know, there's no obligation on employers to provide paid maternity leave.  Those who do may operate a variety of systems.

I'm afraid there's no other way to find out but to ask your HR section out straight.  If you seriously think this might jeopardise your continued employment (and particularly if you don't plan on starting a familiy straight away), you could wait 12 months by which time you would be protected by the terms of Unfair Dismissals legislation should your employers seek to squeeze you out.


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## laoisfan (7 Dec 2007)

i suggest you ask the company's HR for a copy of the benefits they provide....tell them you have misplaced yours (unless they are written into the contract...from the sounds of it they are).

from what you have written it does indeed sound like they do not provide paid maternity leave so you are probably only entitled to state paid maternity leave (from the sounds of it).

i am not an expert though.  my wife is going on maternity leave in january and the company she works for does not provide paid maternity leave, but she has applied for the state paid maternity leave.

--laoisfan


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## sun_sparks (7 Dec 2007)

Thanks guys - yes, I knew it wasn't compulsory for a company to provide it, but somehow (misguidedly) thought larger multinationals are more likely to provide it, especially since they bend over backwards with other allowances.



> i suggest you ask the company's HR for a copy of the benefits they provide....tell them you have misplaced yours (unless they are written into the contract...from the sounds of it they are).



Laoisfan, I'm not sure this would work in this case – are these benefits not those listed in the contract/conditions of employment?


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## polo1 (7 Dec 2007)

Sun sparks earlier this year I had the same issue with a number of positions and asked the Agency whom I was dealing with to find this out. I couldnt believe the number of multinationals who do not pay maternity leave. 
My current position luckily (have been here for over 2.5yrs) pay it to FTE's after a 2 year period, hence the reason I decided to stay... It was not in the Contract but in the employee handbook which was provided on commencement of service.

Its very sensitive and I think by asking you could leave yourself exposed. The girl in the Agency that I was dealing did not want to ask the question and only tried to find out through other people whom she had placed in the company...


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## sun_sparks (7 Dec 2007)

Polo1 - thanks so much for that information. I figured it would appear somewhere, hadn't thought of the Employee Handbook.

Guess I should just accept it as a no rather than asking. (Just wanted to be sure since the contract letter does state that only items covered in writing are enforceable.) I certainly don't want to leave myself exposed.


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## laoisfan (7 Dec 2007)

sun_sparks said:


> Laoisfan, I'm not sure this would work in this case – are these benefits not those listed in the contract/conditions of employment?



true true....but sure you never know......


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## nesbitt (7 Dec 2007)

Red rag to a bull indeed, don't ask directly about this type of benefit....  It is my opinion that is an urban myth that companies pay additional maternity benefit on top of the state provision.  I think it is a rarity indeed.


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## Margie (7 Dec 2007)

Sunsparks, one piece of advice; if you do ask about the paid maternity leave make sure if you get a positive answer that it's on paper.  I asked my boss and was told yes I would be paid (verbally).  Then when it came closer to the time I asked again was this definite just to be sure and it took me ages to get an answer which was eventuall no.  The max payment from social welfare is €280 p.w.  Whether you are going to be paid on maternity leave or not is something you definitely need to know about.


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## RainyDay (7 Dec 2007)

Any manager who is recruiting females of child-bearing age knows that this is going to be an issue. It shouldn't generally raise a red flag just to ask a question.

If it does raise a red flag, then perhaps it's not the kind of place you want to work?


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## Vanilla (7 Dec 2007)

RainyDay said:


> Any manager who is recruiting females of child-bearing age knows that this is going to be an issue. It shouldn't generally raise a red flag just to ask a question.
> 
> If it does raise a red flag, then perhaps it's not the kind of place you want to work?


 
I think you have finally become assimilated totally as a civil servant.


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## BRICKTOP (7 Dec 2007)

I work for a multi national and they only give paid maternity leave if you have two years service prior to getting pregnant other than that they only give unpaid leave as required by law.


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## Margie (7 Dec 2007)

May I just ask please; when you guys say that you get paid maternity leave does this mean the top-up payment?


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## ClubMan (7 Dec 2007)

Some employers pay salary less _MB_. Some pay full salary. Some pay nothing. I guess the employers of the people that you are referring to fall into the first two categories?


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## Margie (7 Dec 2007)

Are you still entitled to look for maternity benefit if your employer is giving you full pay?


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## terrysgirl33 (7 Dec 2007)

Yes, my arrangement with my employer is that I claim maternity benefit, it is paid to my employer, and they pay me my full salary.  I end up with more money as the maternity benefit isn't taxed, but I find that covers the unpaid part of maternity leave (when neither my employer or the government pay anything).


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## ClubMan (7 Dec 2007)

Margie said:


> Are you still entitled to look for maternity benefit if your employer is giving you full pay?


Yes.


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## ClubMan (7 Dec 2007)

terrysgirl33 said:


> Yes, my arrangement with my employer is that I claim maternity benefit, it is paid to my employer, and they pay me my full salary.


Even if it was taxed you would end up with more money because you are getting full salary plus _MB_! Where employers pay salary less _MB _then the employee ends up better off for the reason you mention.


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## Margie (7 Dec 2007)

Im sorry if i sound a bit confused but just to clarify:

You can get full pay from your emploer while on maternity
and get maternity benefit as well ??


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## terrysgirl33 (7 Dec 2007)

Clubman, I don't get full salary and MB, I claim MB, which is paid to my employer, who them pays me as normal.  It means my employer is paying me my full salary, less the MB, and my gross pay consists of salary (less the amount of MB) and the MB.  I presume this is to make the administration of pay while on maternity leave more straightforward.

Margie, if your employer wants to pay you in full and not take your MB, then they can, but I don't know if any do, or if many do, IYKWIM.  MB is not means tested, though it is calculated based on what you earn.


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## nesbitt (7 Dec 2007)

There is a ceiling in place on maternity benefit, so surely the salary paid would put you over that threshold straight away...

If your employer pays you your normal salary than the MB you are entitled to (based on a % of your usual basic salary) is paid to your employer.

So I guess you can't get more than your ususal salary and your MB goes to part fund you being full paid during your time away from employment(?)

Don't think you can have your cake and eat it, ie get salary and MB into your hand


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## Margie (7 Dec 2007)

nesbitt said:


> Don't think you can have your cake and eat it, ie get salary and MB into your hand


 
I was thinking so


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## RainyDay (7 Dec 2007)

Vanilla said:


> I think you have finally become assimilated totally as a civil servant.



Believe it or not, this particular comment goes back to my time in a large US multinational (with an aggressive reputation for how they treated and used staff). I recruited a number of ladies of child-bearing age, and I would carefully ensure that I never raised any inappropriate issues. But it was almost refreshing when candidates would openly discuss such issues - it showed a degree of trust that such issues wouldn't be a factor in the recruitment decision.


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## laoisfan (7 Dec 2007)

Margie said:


> Im sorry if i sound a bit confused but just to clarify:
> 
> You can get full pay from your emploer while on maternity
> and get maternity benefit as well ??



first of all i do not believe one gets full pay AND the maternity benefit as well.

usually the way companies do it is as follows:

1.  the employee get paid their normal full salary as per normal.
2.  the state paid maternity benefit is given to the company.

therefore the actual cost to the company is "full salary minus the state paid maternity benefit".

the employee is no worst off as regards money.  the employer is only paying the actual difference of the 2.

i believe this is the case in most multinationals.  correct me if i am wrong...but i doubt i am.  obviously other companies may administer it differently but i doubt the employee will get both their full pay AND the benefit.

--laoisfan


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## laoisfan (7 Dec 2007)

and i have just seen the other replies....   LOL


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## Brendan Burgess (7 Dec 2007)

Maternity benefit is paid by the state to the woman. (You can choose to have your Maternity        Benefit paid directly into your employer's bank account. This is entirely up to you)

Salary is paid by the employer.


Maternity benefit is completely separate from salary.  If you have the PRSI record, you are entitled to maternity benefit whatever your employer pays you.

Your employer may pay no salary at all. 
Your employer may continue to pay your full salary. 
Your employer may reduce your salary by the amount of the benefit.
Your employer may reduce your salary by 1.75 times your benefit, so that the net figure is the same. (maternity benefit is not taxed)
Your employer may pay you three times your salary if they wish.

But whatever your employer does, the state will pay you maternity benefit.

Brendan


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