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Original poster

Maternity leave - is this allowed?

42 replies

NCKitten · 13/02/2019 19:51

I've been on maternity leave since September. Prior to leaving I had a meeting with my boss in which I signalled my interest in a particular position. I was told that recruitment for that position was on hold, as they were reconsidering the role. I asked to be kept in mind for it. Initially I read my work emails while I was on leave (which work knew), but I haven't done so for a while now. Today I found out that my line manager has got the position I was interested in. I was not contacted explicitly about this, while they did call me about two months into my leave asking about my plans to return. I feel my career has been stalled because I was on leave. Have my work been remiss, or should I just suck it up?

OP posts:
Fantababy · 13/02/2019 19:59

I'm pretty sure this is one you're just going to have to suck up. Your line manager has maybe been a bit shitty but I doubt they have any obligation to let you know about these things when you're off.

ChikiTIKI · 13/02/2019 20:07

They are supposed to keep you in the loop. Poor show but I can see why your boss didn't tell you about the role... They didn't want to compete against you for it!!

Meandmetoo · 13/02/2019 20:15

Depends if it's been treated as a promotion or if it was advertised internally as a vacancy anyone could apply for that they failed to tell you about.

they should have let you know it was being handled as a promotion if so out of courtesy and to cover their decision to handle it that way.

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Bombardier25966 · 13/02/2019 20:17

Was it advertised internally?

Did you have access that would allow you to access the ad (you don't need to be contacted directly, just given the same opportunity as anyone else)?

Amongstthestars · 13/02/2019 21:04

They should have done a better job of considering your application etc, but in reality...

Of course your career has stalled. You decided to have a baby and put a pause on your career for the duration of your mat leave. Women really can’t have it all. I say this as a mother and also an HR Director

Original poster
NCKitten · 13/02/2019 21:22

I wasn't entirely clear: where I said "boss" I meant the big boss, so senior to both me and my line manager.

I have access to my emails, but this vacancy was announced in a meeting where I would have been present had I not been on leave, but now only received the notes for.

Amongst the stars With friends like you...

OP posts:
Soontobe60 · 13/02/2019 21:32

Can't believe an HR manager would have an attitude like you, Amongstthe stars!
In my experience, any positions that are being advertised, be it internal or external, are brought to the attention of staff on sick or mat leave. And so they should be!

KnitterOfSocks · 13/02/2019 21:37

This happened to me on maternity leave - I saw a promotion advertised and asked to be considered for it (due back in about 3 months). They said (in writing in an email) that they wouldn't consider me because I was on mat leave but they would interview me on my return. 3 weeks before I went back they gave it to an external candidate without allowing me to interview. I was absolutely furious, and forwarded all the emails to HR. I only wanted to have been given the chance to interview, not expecting the job to be mine. They basically said he was completely in the wrong to refuse to interview me, and I should have been treated as if I was at work for this purpose.

They ended up creating a new position at that level for me. The bloke they did give the job to was not as qualified as me (professional qualification that allows you to certify other people's work - I had it, he didn't) which led to the bizarre circumstance where he was senior to me but couldn't check my work, and I had to check his.

LookImAHooman · 13/02/2019 22:10

You could have them for maternity discrimination, OP.

How feasible this often tends to be in practice is another matter Sad amongst is far from the only HR bod who’s lacking. Such twattery.

Original poster
NCKitten · 13/02/2019 22:30

LookImAHooman on what grounds exactly? Not sure I want to lodge an official complaint, but I want to know exactly where I stand. And I might tell the union rep.

Knitterofsocks I know it's quite unlikely I'd have got the position if both me and my line manager had gone for it, but like you I just wanted to give it a go. I really like my employer, but sadly being mates with the right people matters more than it should

OP posts:
Anothertempusername · 13/02/2019 23:29

@Amongstthestars

I don't believe you're a mother and a HR manager.

If you are then you're a really, really shit one.

On behalf of working mums everywhere, fuck you.

I don't give a shiny shite if this is deleted

Amongstthestars · 13/02/2019 23:35

@Anothertempusername you can think what you like. The fact is that a pause like maternity leave can hold someone back in their career. Usually it’s only a temporary pause though. All the best

LookImAHooman · 13/02/2019 23:45

NC, see the section on ‘What is maternity discrimination?’, specifically:

“failure to consult during maternity leave,
refusal of training or promotion opportunities”

www.maternityaction.org.uk/advice-2/mums-dads-scenarios/pregnant/discrimination-during-maternity-leave-and-on-return-to-work/

Ariela · 14/02/2019 00:03

Surely if you had read the meeting notes on your emails you'd have seen the vacancy mentioned?

LookImAHooman · 14/02/2019 07:29

Ariela, there’s no official reasonable expectation that OP should be accessing work email while on mat leave. She’s obliged to be kept informed otherwise.

anniehm · 14/02/2019 07:59

Whilst we have a right to return to either the same job or an equivalent one, there's no legal requirement to be considered for promotion on leave. Whilst obviously it's upsetting for you, I can see that they wouldn't want to wait until you return to work to add the position

Fantababy · 14/02/2019 08:27

I missed out on a promotion that would have been right up my street when I was on mat leave. It's exactly the kind of role I'd have gone for had it existed a couple of years ago. I wouldn't have known anything about it had I not had a KIT day and heard my colleague got it. That's the way these things go I'm afraid. (I also suspect the role was created with my colleague in mind, so my absence was probably convenient, but ho-hum.)

Original poster
NCKitten · 14/02/2019 09:32

It wasn't a promotion as such, just taking on additional responsibilities, but in an area that I want to develop my career in. I wouldn't have thought I could have made my interest any clearer than a request to meet with the highest boss to discuss it. Of course I understand my career is on hold for the duration of my maternity leave. However, my work were aware that it was never my intention to take a full year's leave (I gave them two month's notice that I will be returning after 26 weeks), and this was a new position. I feel my career progression after I return has been stalled. As far as I'm aware, it is illegal not to consider someone for a position because they are on maternity leave. Wrt to reading the meeting notes: these meetings take place every morning and the vast majority of the notes are stuff that is completely irrelevant if you are on leave, as it is short-term. I will be calling my union and maternity action today to find out more. I'm sad that this has confirmed that you are completely overlooked if you're not present all the time; this is the main reason I am returning to work for four days rather than three.

OP posts:
greendale17 · 14/02/2019 09:36

Whilst we have a right to return to either the same job or an equivalent one, there's no legal requirement to be considered for promotion on leave.

^This. I doubt you would have got the job anyway by the sounds of it.

greendale17 · 14/02/2019 09:39

I feel my career progression after I return has been stalled

^Where is your evidence to back this up? All I can see is that you are miffed your big boss took on additional duties whilst you were off on maternity leave. What has happened after you returned from maternity leave?

Original poster
NCKitten · 14/02/2019 10:03

greendale17 I'm pretty certain you do have a right to be considered for promotions while on leave, see Look I'm a Hooman's post.

I have already said I would have liked to be given a fighting chance, I am aware I probably wouldn't have got the post. I have also already clarified it was my line manager who got the post, but I discussed it with the big boss. It is also clear from my posts that I am currently still on leave.

Please note that this was posted in chat, not aibu. I did this to avoid snippy replies and in the hope people would read and respond in the spirit of the thread. Honestly, women can be their own worst enemies!

OP posts:
Original poster
NCKitten · 14/02/2019 10:05

My career has been stalled because I have missed out on taking on additional responsibilities, which did not happen through choice, but because I didn't have a fair chance. It doesn't really matter whether I would have got the post.

OP posts:
Aozora13 · 14/02/2019 10:10

I think it depends on the finer details - if it was a job vacancy that was advertised internally but they didn’t make you aware (ie by personal email - you shouldn’t be expected to check work emails) then I would say that’s discrimination. If they were considering changes to existing roles, which both you and your manager were interested in but they decided to give your manager the additional responsibility I don’t see that they would need to consult you regardless of whether you were on leave or not. Unless they were going to give it to you until you until you went on mat leave? But maybe I’ve misunderstood?

Crocodilesoup · 14/02/2019 10:11

You will be finding out the legal position so that’s good but my own sense of equality legislation is that you are absolutely supposed to be kept informed of any vacancies that you would have known about if at work. The HR response on this thread is exactly the kind of thing that equality discriminations tribunals were made for.

LookImAHooman · 14/02/2019 10:26

you are absolutely supposed to be kept informed of any vacancies that you would have known about if at work. The HR response on this thread is exactly the kind of thing that equality discriminations tribunals were made for.

Exactly. Jesus, this thread. Talk about women beware women.

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