Stay signed off or job hunt whilst pregnant?

[PippyPipPop]

I'm being threatened with a Performance Improvement Plan whilst pregnant (unfairly, I might add).

I have told my work I am pregnant, but only shortly AFTER the PIP was threatened, so I don't know if this makes any difference.

I am currently signed off sick, as pregnancy has been tough so far and I'm very stressed.

My options are:

• Stay off sick with stress for as long as possible and try to take maternity leave as soon as possible, with no intention of going back. I'm aware I would have to forfeit my right to enhanced maternity pay (as have been there over the qualifying time period). However, this would lessen any gap on my CV and I can then job hunt when baby is a few months old.

• Apply for other jobs now whilst pregnant with the risk that I would majorly piss off a new employer, by going off on maternity leave shortly after starting. I know legally I can do this, but it wouldn't get me off to the best start with a new employer. I am however scared of being unemployed for months with a new baby and with the job market being so bad.

Can anybody advise?

Stay off sick. I wouldnt normally advise this but in your circumstances its the best thing Imho. Especially with the large workload and toxic atmosphere.

How do you know that being off sick for so long will be an option surely the gp won’t keep you signed off until July if you’re not actually sick?

I would keep the job if I can and do the maternity leave year, go back for the three months but be interviewing actively elsewhere at the same time (or even just before end of Mat leave) so that you can give your notice almost immediately - they won’t bother Doing a pip while you’re on notice period.

Are you public or private sector

Thank you so much everybody for your replies. I was in such a muddle about what to do, but all your responses have given me the clarity I needed to know what to do. Thank you. Thank you. Thank you.

I always try to do the right thing and I feel very guilty that I have to 'play the system' in this way, but my employer has caused this problem and left me with little choice. I know going back to work right now would make me even more stressed and anxious, which would be no good for me or the baby, so I do feel justified taking some time out. I have a history of depression and anxiety, so know all too well just how bad things can get.

I'm now worried about how I can make it through to July, because that is a long time to be off sick, but I know I can go back for a while and then go off again if they put me on a PIP. I just wish so much that I could just enjoy my pregnancy and not have this hanging over me.

Thank you for your perspective on this. That must have been a very difficult situation for you.
Whilst I know pregnant women are protected by law in this respect, I'm aware it would create a huge problem for a small employer, especially in the current economy and would also not get me off to the best start with a new employer.

Unfortunately if they put me on a PIP now and sack me, or I am forced to resign soon, I would then be pregnant and out of work with months of looking after a young baby ahead of me. I've firmly made up my mind that I don't want to work there anymore, but would like the option to quit whilst on maternity leave, so that I don't have such a large gap on my CV and no money coming in for months.

I am private sector.

I’m sure they couldn’t sack you whilst you’re pregnant whether you’re on a PIP or not. It might be wise seeing an employment solicitor to talk through your rights, or CAB if they’re useful.

Imo your better off going back when your ready and being put on pip now while your pregnant. They will have a hard time sacking you even on pip with being pregnant
Get onto acas for some advice

Unfortunately they can still sack me, as long as they can prove their reasons are not related to my pregnancy. It does put them on risky ground though and they would have to be very careful.

I'm concerned as they mentioned the PIP just before I told them I was pregnant, but they have not put me on one yet. Since my pregnancy announcement, my manager has still been documenting all our meetings with follow-up emails and is still threatening the PIP, so it looks like they're still waiting for the right time to put me on it (probably when I'm back from sick leave).

They have to provide you the opportunity to work on the PIP so you’ve got a few weeks maybe up to 3 months to ‘prove yoursel’ by which time you’d be on maternity. I believe most company’s start your maternity leave for you if you’re sick at 36 weeks so 3 months or so? Stay on the sick a bit longer, go back, sick again and then start you’re leave

this is only true if there is any element of sacking her for being pregnant. Capability (non pregnancy related) or under performance (with evidence) would be valid routes to exit someone.

going off sick isn’t some sort of magic spell that protects you from HR processes.

You may be “sure”, but you’d be absolutely wrong.

Definitely option 1. Even if you go back for a bit and they put you on a pip you will be able to ask for some accomodations and they will have to be cautious assessing you so they probably won't be able to manage you out before you finish for mat leave. Also they might not bother doing the pip process if they know you are going on mat leave soon.

There also might be a chance to negotiate getting enhanced mat pay and not returning if neither side want you come back.

At least you accrue holiday while on sick leave. You can use a full annual allowance including your bank holidays before you officially start mat leave too.

Job hunting when pregnant is utterly miserable and stressful too and honestly pretty unlikely to be successful. (I've had to do it when I was made redundant after announcing my pregnancy at work).

Stay off sick

They’ve not actually put you on a PIP yet. Have a conversation with your manager about your workload and what is and isn’t doable. Going off on extended sick leave because your manager isn’t happy with your performance is such a poor work ethic.