New recruit pregnant before job starting

[FlimFlamJimJams]

I've started a new business, it'll open to the public around April time.
It's a very small, community focused business with only 4 staff members initially.
I recruited all the staff within the last few weeks and are finalising contracts. Everyone has formal job offers, no one yet has a job contract.

The roles require training on the job resulting in a nationally recognised qualification, probably achieved within 12 months or so. The business is paying for this.

I have had meetings with everyone individually this week to go through bits and bobs, start dates etc - and at the end of a meeting with one lady yesterday, she tells me that she's 12 weeks pregnant and anticipates starting her Maternity leave around mid-July. She said she found out at 5 weeks - so she'd have known she was pregnant at interview.

I'm now stuck in a difficult position - the business is already going to struggle financially for the first few years (it's not quite a non-profit, but it's close) and I'm now facing having to extend someone's training at least 6 months past everyone else's as well as find temporary cover, which is expensive. She may well choose not to return after her maternity. I turned down other applicants who applied after her job offer was made.

I guess there isn't a AIBU, because I'm not going to do anything, but I feel really deceived and a bit stressed about the whole thing.
I know everyone is entitled to get pregnant etc. But I wasn't anticipating someone going on ML before they'd even qualified, or finished their probation.

@Luckyducky75
I expect she will make her own claim. The owner will have weighed up which claim will cost less I expect.

@Luckyducky75
That is actually what the returning mum asked for. My well respected colleague who was under two years service got dismissed for no reason. I have children. But i am shocked how someone can threaten, lie and see a decent person out of a job. Sisterhood, i don't think so.

@MabelsApron

The pandemic and home schooling has been a nightmare and many women have realised they are married to dickheads who don’t do their share!

Within my team I aimed to have parents (of both sexes) work 4 hours a day. But I also ensured everyone else worked no more than 8 hours. Productivity went down, but that was necessary. I didn’t pile the work onto the wider team. Indeed it’s the first time I’ve ever worked 9-5 myself as I wasn’t willing to compensate for the parents - and I was clear about my strategy with the more senior management team above me.

What really shocked me was how many women’s husbands or partners clearly had zero respect for their careers, believe their own jobs to be ‘more important’ and regarded all things child related to be the mothers problem. And didn’t care how exhausted their own wife was.

Have been having discussions since then about introducing policies at work to assist women - financially and practically - to leave their awful marriages as it’s clear many would leave if they could, but can’t for practical reasons. Discretionary funds need to be available for HR managers to allocated to individuals for such things. Rather than peeing money away on accumulated annual leave!

It's clear you think she's in the wrong for not telling you sooner, but it's also very clear that had you known you'd have discriminated against her by not offering her the job. YABU. As a pp said, if the business can't support her then it's not viable.

You mention the statistics on her likelihood of returning to work... you do realise that a lot of women don't return precisely because many employers are crap towards women taking maternity leave??

An employer in a start up should have money available for unforeseen circumstances but I don't think they should have to use that money to cover the costs of a brand new employee who is pregnant. I don't believe that any employer should be deemed discriminatory for not hiring a person who they know will be unable to do the job for months on end. They absolutely shouldn't be allowed to sack existing employees, who were hire pre pregnancy, but I'm not convinced that new employees should automatically be protected. Why should a business have to cover a brand new employee's decision to have a baby? As far as I'm concerned protection is there for employees who have already provided value to the employer.

@BlueMountains5

I can really see both sides of this and the OP is clearly in a difficult position. On the one hand, women absolutely shouldn’t be discriminated against just because they are pregnant. She obviously didn’t know if she would get the job when applying and I think has actually been quite transparent, telling you as quickly as she has.

On the other hand, it is a challenge for the business and while I think it would absolutely be wrong to rescind the offer, I don’t blame you for feeling a bit put out and anxious.

The advice around engaging your employee in the problem-solving process is a really good one, as is potentially exploring options for her to possibly continue training during maternity - there might be some creative solutions to mitigate the impact.

Also try to see beyond the six months (difficult in a small business, I know). You’ve responded with grace to the situation and it seems like you’re creating a really positive work environment - that’s what retains people. Yes, in the short-term it’s a challenge, but you may end up with a loyal employee for years to come. And even if not, your other employees see the human-centred approach you’re taking and that means something.

Rescinding the offer, like some suggest, would likely shade your other employees’ perception of you and the business. Worth thinking about

Blue mountain has said what I came on to say. People are piling in very unfairly on the OP. She has repeatedly said she isn’t going to rescind the offer but she is allowed to process that fact that it’s a bit of a blow to her new venture which has probably been a while in the planning.

Hopefully your fairness will pay off in the long run with a loyal employee and you won’t regret your choice. Good luck with it all.

@Aderyn21

An employer in a start up should have money available for unforeseen circumstances but I don't think they should have to use that money to cover the costs of a brand new employee who is pregnant. I don't believe that any employer should be deemed discriminatory for not hiring a person who they know will be unable to do the job for months on end. They absolutely shouldn't be allowed to sack existing employees, who were hire pre pregnancy, but I'm not convinced that new employees should automatically be protected. Why should a business have to cover a brand new employee's decision to have a baby? As far as I'm concerned protection is there for employees who have already provided value to the employer.

I agree with you here. I also think there's a big difference from a stable company hiring a few new workers because they're trying to expand and a startup/micro-business hiring one or two new staff to fulfill a contract that is starting soon.

I don't think it's right to apply for a job at a small company where you KNOW you won't be able to fulfill the requirements because you won't be present. Eg a nanny for a family going onto maternity just as the mother is going back to work.

@threatmatrix

Find someone else. I know small companies that have had to close because of maternity leave

Bloody hell Those companies must have been flying by the seat of their pants anyway

@Viviennemary

Tell her the offer is now withdrawn. And deal with the Consequences if any. That is what I would do.

and see yourself in court!

Do not do this

YABU. This is just a fact of life. Women get pregnant. Lots of women don’t want to share that until after the 11 week scan. Why would she tell you before her mother, for example? Women are under no obligation to tell employers or prospective employers if they are in the early stages of pregnancy. It is difficult for you financially but this is just life. She did nothing wrong. If she was best for the job now, she will be after mat leave. Invest in her, develop her and she is far more likely to come back and work hard.