Maternity Leave and Promotion

[Tiggly]

Hi
Can anyone help answer a question for me? I have just missed out on a job because a girl who is 4 years behind career wise, and who was at the point of interview, still off on maternity leave and not due back until September. I am not sure whether this is possible / legal / professional? I am not saying she shouldn't be promoted but surely she should be in work in order to qualify for the application?? I have no idea when it comes to personnel and hr so if someone who does have a clue, could they help?
thank you!

[MrsHappy]

There is nothing wrong with promoting someone who is on maternity leave if she is the best candidate for the job.

[mankyscotslass]

AFAIK she is perfectly entitled to apply for promotion whiles on maternity leave, and if at interview is impressive and is the best candidate at the time, then yes she can get the job.

Anything else could be classed as discrimination imo.

[bigstripeytiger]

I think that it is considered to be perfectly acceptable to apply for jobs when you are on maternity leave. If she isnt due back till september then that is only a month away, so about the same length of time as someone who was in another job and had to give notice on it.

Do you think that the other girl was a less good candidate than yu? Have you asked the employer for some feedback on why you were unsuccessful?

[PavlovtheForgetfulCat]

flowerybeanbag will answer this better than I can, but I do not think you can pass some-one over for promotion if they are on maternity leave. You are entitled to ALL the same benefits of work when on maternity leave, including training, pay/bonus', leave, and career advancement opportunities. If she get the job based on her skills and ability to do the job, her maternity leave has nothing to do with it, she has to by law be treated as if she is still at work.

As it should be.

[flowerybeanbag]

if she is the best candidate for the job and wasn't given the job because she was on mat leave, that would be illegal discrimination.

September is only a couple of weeks away anyway, so it's hardly as though her not technically being back at work at interview time has made any difference to anything. It would be easier to understand your frustration if she wasn't coming back for another 6 months or something.

[Tiggly]

Thank you everyone for answering the question. As I said I didn't have a clue with these matters and it was a question / suggestion posed to me at the end of last week so thought I would try and find out the answer. I don't think she should have got the job as I wouldn't trust her with a snail from the garden let alone the tasks set out ahead.

At least now I know the facts. I have had feedback but it was ridiculous. I have asked for the feedback in writing so I can take it forward and try to understand why I didn't get the post and how I can make sure I get the next one that comes out.