To not feel guilty about maternity leave colleague

[NinePumpkins]

I have been off work due to chronic illness since November of last year - actually, my cancer was diagnosed just after I started in this job about 4 years ago, so my whole employment has been blighted by my illnesses (cancer now in remission, other stuff going on). Nevertheless, I enjoy the job when I'm able to do it - it's an administrative position.

Recently, redundancy proposals were announced at my company, and in my team the other 2 administrators at the level above and below me were put at risk. My role is to be continued. I've now heard it on the grapevine that one of the others, currently on maternity leave, is annoyed about the whole situation, and frustrated that we weren't all put in a pool for redundancy?? I'm sorry she's heard the news while on mat leave and sure that it's stressful, but I'm confident I can return to my position. AIBU for not feeling guilty about it? I'm not sure when I'm going to be able to return, and am currently on unpaid sick leave, but I know things will ultimately be resolved.

The law has recently changed and if you were on maternity as of 1/4 this year (I think) you need to be offered a suitable alternative role. I don't think you can be made redundant if you're on maternity, so that's why she wasn't included in the pool.

Sounds like you're just projecting in all honesty

I think you need to spend less time worrying about your colleagues and more time focusing on a plan for you going forward. Your colleagues will be fine they will have redundancy money while looking for a new job. It doesn't sound like you will get that luxury

Why are you even worrying ver whether you should feel guilty! Don’t worry about it, not your issue.

If nobody is actually needed to cover your role it is hard to understand why they haven't made you redundant. Maybe that's why she's annoyed. But in any case it isn't your fault as you've not chosen any of this. So you certainly shouldnt feel guilty.

Would you think it fair for a business to get rid of a woman who took 3 maternity leaves in 5 years because her repeated long term absences disrupted the business and she'd been off work longer than she'd been at work?

Our current laws provide far greater protection and absence entitlement to mothers than disabled people, but it's unfair and the argument to defend one and not the other is illogical. Just because something is legal doesn't mean it's okay (see marital rape).

If it's intolerably disruptive for a disabled person to be off sick for 6 months, why is it a-okay for a woman to take 12 months of maternity leave as many times as she wishes without ever having to justify how she will "improve" her attendance if she wants to keep her job.

But does that not only cover being treated 'less favourably' it doesn't mean 'you can never go to work, but still keep your job always'?

@dreamfield

Because there is a very good chance that the woman will return to work; when she is at work she is generally likely to be able to perform; and in the meantime she is raising the next generation.

In the OP's case, their firm has zero idea whether she'll ever return. What do you think they should do? Why do you think they should hold the role open forever?

This I’d definitely be challenging it. To be honest @NinePumpkins, you’ve got the luck of the devil because no employer I’ve ever had would have tolerated this level of absence.

You can be dismissed if you have a persistent or long-term illness that makes it impossible for you to do your job.

@dreamfield

And if I'm honest, I would be pissed off about the woman having repeated mat leaves!! Clearly I wouldn't (be able to) treat them any differently - but it would most definitely be a detriment to my small business, yes!

Has your job not been done for the last six months at all or have the duties and tasks been divided up between the other two? Just because they haven't filled your post doesn't mean the work isn't still being done.

Also your union are wrong. This is a redundancy situation where all three of you should be pooled, the role will then be offered to the woman on maternity (unless she turns it down) in which case you and the lower grade will be invited to interview for it. What would be your grounds for unfair dismissal? It doesn't sound like that at all

Your role is safe. You aren't... there's a big difference.

Where does it say she can't be made redundant.

People with disabilities covered by the Equality Act can still be dismissed legally on ill health grounds. People need to be careful giving advice, OP already appears to be unclear about what her employer can do. It doesn’t matter if you have a serious and complex condition, if you’re unable to work and the place of employment has followed the correct policies, procedure and the law, then you can lose your job. It is not unfair dismissal.

Save any kind of guilt for something that you know you've done wrong yourself. This is all out of your control and no need for you to feel guilt. Reserve your time and energy for something that lifts you up following your illness. Hope all works out.

It’s the job that is redundant not the person.

She is on Mat leave, there are policies regarding her status. Not really your business.

I can imagine that people are annoyed, your role is not included but no-one has been doing it for 6 months, how have they managed? I’d feel guilty, though not your fault but I can see why they are upset about it

All that means is that she can't be treated less favourably than other employees. She can still be dismissed on capability grounds if unable to do her job. She can also be made redundant.

And here we have reached the whole point of the thread, bitching about women taking mat leave.

If you feel guilty that’s on you, not her. Shit happens in business, I’ve been made redundant a few times including during pregnancy and a pandemic. It’s shit for sure and worrying but she’ll get something else. If she has queries with the process and whether she’s been discriminated against that’s for her to take up and nothing to do with you.

I'm sure everyone is bitching about it, not just her. Worry of redundancy is hard on everyone. Better to be sensitive to the situation. If nothing else, it will make you look like a supportive colleague rather than a smug "I'm alright Jack"

Your work may be teeing you up for ill health capability dismissal which would save them redundancy money. Or they may just be keeping you on the books accruing holiday. Just because you haven’t been included in the round of redundancy doesn’t mean necessarily you’ll be safe.

You've not had your troubles to seek @NinePumpkins. Thank goodness the cancer is in remission, it must've been a terrible time.

In terms of your present situation, I think it's a bit selfish I'm afraid. If it's likely you are going to struggle to get back on a routine basis any time soon, it's perhaps worth negotiating redundancy. You would be financially supported on benefits until you are fit to find work (thus you're likely to actually be better off financially).

Why would you feel guilt over a decision you have no control over? It may or may not be unfair, but it is not on you.