Maternity leave – promotion and redundancy advice

[FlightofFancy]

Subject to everything going to plan, I’m expecting to take maternity leave from some time in August this year, probably through to May next year (end of paid entitlement, but into AML entitlement). However, there are a couple of things I want to make sure of from an HR point of view. Have hopefully given enough detail below without giving away where I work, sorry it's long!

First, in the next month or so, there’s an opportunity to apply for a promotion. The place I work is structured like the public sector, so you can only advance by applying for a post at the next grade up etc. This is the first chance that’s come up in 3 years, and it’s one I think I could get. However, it’s a maternity cover post, so I’d only be in post for 3 months before I then go on leave myself, leaving them to get a 'cover for cover'. Am I right in thinking I’m completely legally entitled to apply and do the three months – and they can’t not select me for the role on the basis that I wouldn’t be available for the whole period (don’t think I’ll be able to hide that I’m pregnant for long enough to apply without them knowing). Obviously, there’s also the moral element as to whether it’s the right thing for my colleagues/the area I work on to have that much change in a short period...

The second issue though is that while I’m on mat leave, the entire department is going to be ‘transformed’ – ie restructure/redundancy. Based on what’s happened with previous departments, I expect that a new structure will be announced, and the whole department will be put at risk of redundancy and will have to apply for a reduced number of roles. I presume that even though I’m on leave, I’m entitled to hear about this on the same day as everyone else, and have an equal chance to apply for appropriate roles? I know I can’t be discriminated against, but will I be treated exactly the same as everyone else, or will I be entitled to any extra protection from redundancy? Does it make any difference if I get the promotion role above, and so am essentially on mat leave from a temporary mat cover post? Am I then only entitled to whatever I get for my substantive permanent post?

Sorry it’s so long – obviously don’t want to ask HR at this stage and want to know my facts before I tell work anything.

[mariefab]

Yes you are legally entitled to apply for the promotion. Failure to select you for the role on the grounds that you wouldn't be available for the whole period because of maternity leave would be discrimination.

In a restructure/redundancy exercise you will be entitled to extra protection while on maternity leave.
If your role is made redundant you are entitled to be offered a suitable alternative role.
So, as long as a role exists that you are, a) able to perform and b) the terms and conditions of this role are not much worse than those of your current role; it must be offered to you. You don't have to interview or otherwise compete for it.

[Millerpup]

You may be legally entitled to apply for the promotion and failure to select you for the role based on the grounds that you would be unable to complete the whole period due to being on mat leave yourself may be discrimination as per mariefab stated but you haven't told your employer that your pregnant yet, and I personally think it would be an underhand thing to do.
You need to inform your employer of your circumstances and allow them to make the choice being upfront with them is the best policy and although it may be discrimination if you don't get offered the role, try to look at it from your employers point of view he is running a business.

[WipsGlitter]

A question, why bother applying for the promotion if it was only temporary? Would you have to go back to your own grade once you came back? How would it advance your career?

[FlightofFancy]

Thanks for the interesting feedback - it would advance my career because I'd have a few months experience working at a higher grade, giving me a better chance of securing a permanent post at that grade in the future.
I'm still deciding if it's the right thing to do - and after an iffy 12 week scan it may all be a moot point anyway.
incidentally, the head of department and divisional director are both 'she', and in an organisation of 1500 people, where appointing maternity cover is standard, I'm not concerned about how 'he is going to keep the business running' - they'll appoint cover for me at either grade.

[Archer26]

I'm also in the public sector and am currently 33 weeks pregnant. To set your mind at rest regarding the promotion, I applied for a promotion to the next grade whilst 4 months pregnant. It took so long to get interviews/ confirmation sorted I didn't actually get the interview until I was 30 weeks! I have been open all along about being pregnant and at 30 weeks it was hard to hide! In my head I had decided even if they couldn't officially say they weren't going to give me the job because I was pregnant and due to go on may leave soon, they'd find another reason I.e better candidate. Imagine my surprise then last week when I was offered the job! (Crazier still they want me to be in post on 27th March, m/l starts 2nd April )
If i was you I'd be upfront about being pregnant. If you do get an interview I'd mention it at that stage. I think they'd respect you for that.

Unsure about the redundancy part but could you talk to your Union about it? Or he support? Ours is outsourced so easy to remain anonymous without line manager catching wind.