Hypothetical Maternity Employment Question

[bexboz]

Scenario... a women is unemployed / a student / self employed when her baby is born. She then applies for a job during the baby's first year. If she is successful in getting the job does she have the right to delay her start date until the baby turns one? I know if you have a baby in employment you are entitled to a year (only statutory pay) regardless of how long you've been in the job so does this right extend to a new employment post-baby?
Thanks!

I don't think so. She would not have been employed long enough to qualify for maternity leave from the company that she is joining (or from any other company, in your scenario as she was not in regular work).

Depending on circumstances, she might have been receiving Maternity Allowance, but I think that ends if you start a new job

But it's probably worth checking with Maternity Action
Home - Maternity Action

No you wouldn't have the right to delay the start date and the employer is under no obligation to hold the post open for you.

Also, even though you would be entitled to 1 year off as an employee , only 9 months of that is paid by either statutory maternity pay (or enhanced pay) or maternity allowance depending on length of service/what your salary is

You don’t get a year off paid. You can take a year but the last three months are unpaid.

No, if they like you enough they might hold out though.

Thanks for the replies so far - yes I do understand the maternity allowance situation (9 months) and that paid maternity leave is also not a whole year. My question is really about the delayed start time. If it the case that the employer is not obligated to hold the post open, is that not discrimination on the basis of maternity. If she started the job one day before the baby was born the job would be secured until her return, but if she started one day after the baby was born she would not be able to accept the job unless she returned to work immediately following the birth...? Is that correct?

www.gov.uk/maternity-pay-leave/eligibility

So you need to be an employee which I'm not sure you are if you've not started?

And give the correct notice so 15 weeks before the due date.

Ah so you actually have to be in employment for at least 15 weeks before you go off for a year?

No. They don't need to hold it open for you. Apply when you know you will be able to start within a reasonable timescale

No that is not a thing

Actually from googling I think there's an exemption if you didn't know you were pregnant or started the job in the last 15 weeks to still get leave but nothing about making a new employer start leave after the baby was born.

Honestly I think your best bet is to ask for them to wait and/or return to work earlier than you'd like IF you think the job is worth it.

You can get Maternity leave no matter how long you've been employed but you do need to be an employee to begin with.

Maternity pay has different eligibility and you need to have been employed for 26 weeks by the time you're 25 weeks pregnant and be earning at least £123 per week to qualify. There's different criteria for maternity allowance

It's not a right, no. You could ask for it, but don't be surprised if they say no.