# Career break and pregnancy



## Dub2020 (20 Jun 2020)

I am on a career break from the HSE, just discovered I am pregnant. Does anyone know if I would be entitled to paid maternity leave from the HSE?


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## Black_Knight (20 Jun 2020)

Bit of a google seems to suggest yes.









						Tribunal awards teacher denied maternity leave
					

A Limerick primary school teacher who was denied maternity leave because she had already applied for a career break has been …




					www.irishtimes.com


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## PaddyBloggit (20 Jun 2020)

Black_Knight said:


> Bit of a google seems to suggest yes.



That's a slightly different scenario in that the career break hadn't started. The OP is actually on career break.

Best port of call for the OP is to contact her union. They'll tell her immediately what she's entitled to.


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## Cmg4489 (20 Jun 2020)

Be careful of pension, d of Ed you must work one day in 26 weeks to stay on pre 2011 pension. I would ask union straight away


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## becky (21 Jun 2020)

The answer is no for the HSE as you are on career break already. You can't be on two types of leave at the same time.


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## becky (21 Jun 2020)

Cmg4489 said:


> Be careful of pension, d of Ed you must work one day in 26 weeks to stay on pre 2011 pension. I would ask union straight away



As she is on approved leave she retains her existing pension scheme.


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## lughildanach (22 Jun 2020)

becky said:


> The answer is no for the HSE as you are on career break already. You can't be on two types of leave at the same time.


You can't be on two types of leave at the same time.  I guess the issue is whether she can somehow suspend or otherwise cancel her career break to enable her to access Maternity Leave.  I expect there could be some resistance.  Definitely contact the Union.


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## becky (23 Jun 2020)

lughildanach said:


> You can't be on two types of leave at the same time.  I guess the issue is whether she can somehow suspend or otherwise cancel her career break to enable her to access Maternity Leave.  I expect there could be some resistance.  Definitely contact the Union.



There should be resistance. A career break is an enhanced condition of working in the public service. 

Why should the taxpayer pay for this.


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## lughildanach (24 Jun 2020)

becky said:


> There should be resistance. A career break is an enhanced condition of working in the public service.
> 
> Why should the taxpayer pay for this.



Paid Maternity Leave is also an enhanced condition of working in the public service.  I'm happy to pay taxes for such things, as I think it benefits society.


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## becky (25 Jun 2020)

I don't have any issue with paid mat leave at all. 

My issue is after being granted a career break, taking it and after 3,4 months, finding yourself pregnant (which didn't happen by accident I assume), expecting to be put back on the payroll.


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## lughildanach (26 Jun 2020)

becky said:


> I don't have any issue with paid mat leave at all.
> 
> My issue is after being granted a career break, taking it and after 3,4 months, finding yourself pregnant (which didn't happen by accident I assume), expecting to be put back on the payroll.


So pregnant women on career breaks should have no protection?  It would be interesting to see what the Workplace Relations Commission would make of a case like this.  There would most likely be some kind of obligation for the employer to accommodate the employee in curtailing their career break, or at very least justify any refusal.


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## Early Riser (26 Jun 2020)

This may be relevant:

Status of a civil servant on career break 

14.  A civil servant on career break:  .................

(iii) *may not avail of any form of paid leave* from the Civil Service (e.g. sick leave) during the period of the career break; 



			https://circulars.gov.ie/pdf/circular/per/2013/04.pdf


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## PaddyBloggit (26 Jun 2020)

lughildanach said:


> So pregnant women on career breaks should have no protection?



Why should they? They've effectively taken time out from their jobs, to step back in again when the career break is over.


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## lughildanach (26 Jun 2020)

Early Riser said:


> This may be relevant:
> 
> Status of a civil servant on career break
> 
> ...


It may be.  Depending on how they deal with any request, it could also be discriminatory.


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## lughildanach (26 Jun 2020)

PaddyBloggit said:


> Why should they? They've effectively taken time out from their jobs, to step back in again when the career break is over.


Unlikely that they took career break to have a child.  That's what maternity leave is designed for.


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## Early Riser (26 Jun 2020)

lughildanach said:


> It may be.  Depending on how they deal with any request, it could also be discriminatory.



So, say if they pointed out that, under the terms of the Career Break Scheme, a person on such a break may not avail of any form of paid leave. Would that be discriminatory?


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## messyleo (26 Jun 2020)

When you are on career break, I believe your employment is temporarily suspended, i.e. in the old days you would have gotten a P45 etc. therefore I don't think it's even possible to get maternity leave from your employer as you are no longer employed by them technically (until you return)


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## PaddyBloggit (26 Jun 2020)

lughildanach said:


> Unlikely that they took career break to have a child. That's what maternity leave is designed for.



Getting pregnant while on career break is their choice.

In the case of teaching, would it mean the poor soul doing the career break job for the year should be foisted out because the person on career break decides to get pregnant and wants to come back to avail of maternity leave?


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## PaddyBloggit (26 Jun 2020)

gravitygirl said:


> your employment is temporarily suspended,



Exactly...


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## lughildanach (2 Jul 2020)

gravitygirl said:


> When you are on career break, I believe your employment is temporarily suspended, i.e. in the old days you would have gotten a P45 etc. therefore I don't think it's even possible to get maternity leave from your employer as you are no longer employed by them technically (until you return)


The key is that it is *temporarily *suspended. You can ask for it to be resumed. You have no automatic entitlement for it to be resumed at your request, but you can ask. Where equality issues arise, employer is under an obligation to consider the request and justify the response. If there is a blanket refusal with no consideration, it likely offends principles of equality law.


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