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How to make a short maternity leave work?

36 replies

JackieBrown63 · 03/01/2022 12:45

Hi Mumnetters. I am based in the UK but work for a US company. Before I became pregnant my employer that I was entitled to unlimited paid leave with my new baby. However, as soon as they found out I was pregnant, they changed the rules. I am now only entitled to 4 weeks unpaid leave when the baby comes. As I am from the UK, 4 weeks seems not nearly enough (compared to the minimum 6months we get here in the UK). What do US employees do when they are nursing? Am I going to have to attend meetings with a baby on my boob? Seriously, how do you do it? My husband and I can't afford for me to leave this job as I am the main earner of our house but I do intend on nursing my baby for at least 6 months. Any kind advice would be so appreciated.

PS. This is my first child :).

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mynameiscalypso · 03/01/2022 18:08

@JackieBrown63

It isn't so much about the financials but the time and availability I want to give my son. I am under a freelance contract but they treat me like a full time employee which (under my contract) entitles me to unlimited paid time off (within reason). They still expect me to work 8 hours a day, log my hours and attend meetings at certain times so it isn't a traditionally freelance role and isn't at all flexible as you may think. I am not being paid more as a freelancer, but for the role I am doing within their company. My freelance income was much less than what I am earning now. So like I said, I can save money no problem but I will never get those precious moments back with my new born. I am honestly considering quitting as it's all getting a bit too much.
Have you had professional advice on this? Maternity leave aside, it sounds like you and they could be on dodgy ground tax-wise if you're 'self-employed' but are being treated like an employee.
DisappointingAvocado · 03/01/2022 18:11

OP I would seriously think about getting some legal advice re your employment situation. A company - even one based in the US - cannot contract you but treat you as an employee without giving you the security and benefits to which an employee would be entitled. If they are expecting you to turn up to certain meetings at specific times of the day this is almost certainly an employer - employee relationship and not that of a company and independent contractor. There are certain thresholds that, if met, mean the company is treating you as an employee and therefore you're entitled to the protections of one.

A company I used to work for employed a lot of freelancers worldwide and we had to be very, very careful about how we treated them. Specifying when you work is a big no, I know of lawsuits that were won (by supposed freelancers) for this reason.

vickyc90 · 03/01/2022 18:17

Honestly a lot won't agree but fed is best. If your husband is going to be home with the baby I would look at expressing or totally bottle feeding. I went back at 4 months (no paid maternity leave) DS is now 8 years old and as much as it was hard at the time it's made no different to how close we are. Personally if I was writing the policy I would rather have an extra weeks leave for 16 years after birth and a shorter maternity leave

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deadrave · 03/01/2022 18:22

I don’t know much about rights and employment law, but it’s very hard of not impossible to find nursery care for babies younger than 6 weeks, so a nanny may be a better option. Also breast feeding would be so difficult to maintain. You could try expressing, or more realistically formula feeding.

LifeIsBusy · 03/01/2022 18:31

Ignoring the employment related pay I suggest you locate the pumping mummas FB group. It's American based but gave me loads of helpful tips for pumping at work to maintain breastfeeding.

I took 16 weeks leave with my first and pumped until he was a year 😎 (I'll ignore the fact he reversed cycled and ate all night instead though.. perhaps the group will help you with that)

Good luck!

LifeIsBusy · 03/01/2022 18:33

Also just to note I suggest an American based group as it's not common in the UK to attempt to maintain bfeeding and working ft. (I found that out when I enquired about the company policy and no one knew what I was talking about 🤣).

It is however obviously a common issue in the states.

TwoBlueFish · 03/01/2022 18:40

I worked in the US when I had both my kids. US maternity leave in generally atrocious. My company allowed 3 months maternity. I worked up until the day they were born, had my 3 months and then they went to full time day care. I pumped milk at my desk so was able to continue with some breast milk. I didn’t have any of the experiences of baby groups and meeting other new parents. I struggled to balance everything and moved back to the UK when DS2 was 18 months old.

Can you afford a nanny? I’d negotiate at least a couple of extra months on a part time basis if you can. Are you employed by the US company or by a UK office of the company?

user15364596354862 · 03/01/2022 20:36

@JackieBrown63

It isn't so much about the financials but the time and availability I want to give my son. I am under a freelance contract but they treat me like a full time employee which (under my contract) entitles me to unlimited paid time off (within reason). They still expect me to work 8 hours a day, log my hours and attend meetings at certain times so it isn't a traditionally freelance role and isn't at all flexible as you may think. I am not being paid more as a freelancer, but for the role I am doing within their company. My freelance income was much less than what I am earning now. So like I said, I can save money no problem but I will never get those precious moments back with my new born. I am honestly considering quitting as it's all getting a bit too much.
So you're knowingly and deliberately evading tax?

It doesn't matter if your contract uses the word freelance when everything else about it is an employment relationship and you yourself acknowledge that.

You don't get to just choose to pay tax as if you were self-employed when you're not - that's tax evasion which is a crime. You're knowingly filing incorrect tax returns.

You would never be able to convince a court that you are self-employed. They treat you like an employee and you act like one.

LIZS · 03/01/2022 20:43

@JackieBrown63

It isn't so much about the financials but the time and availability I want to give my son. I am under a freelance contract but they treat me like a full time employee which (under my contract) entitles me to unlimited paid time off (within reason). They still expect me to work 8 hours a day, log my hours and attend meetings at certain times so it isn't a traditionally freelance role and isn't at all flexible as you may think. I am not being paid more as a freelancer, but for the role I am doing within their company. My freelance income was much less than what I am earning now. So like I said, I can save money no problem but I will never get those precious moments back with my new born. I am honestly considering quitting as it's all getting a bit too much.
That sounds like it might meet the definition of employment rather than self employment. You and the company do not get to choose whether it is se if they set the terms, rate and hours.
jesusmaryjosephandtheweedonkey · 03/01/2022 21:22

How long have you been employed by them
been freelance for them?

JackieBrown63 · 17/01/2022 13:26

user15364596354862 I am not deliberately avoiding paying tax. I have other clients, I am still freelance just under a specific contract. I have been in contact with the government about this and they told me I am a freelancer under a contract and am paying my taxes as such. My contract with them means I have to attend meetings and meet a certain amount of hours a day. I am sure if I was doing something wrong, the lovely people on the end of the phone would have told me by now.

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