Is Employer Being Unreasonable?

[Beachballbelly100]

I’d really appreciate some thoughts on this as I’m conflicted about what to do.

I’m a mid-level manager at at multinational company, more than 500k employees, been there for 3 years now. I’m paid a good amount for what I do and 2021 was a good year for me in that I took on a big project and made a success of it, plus stepped up to manage a large team when my previous manager left. Customers very happy etc so basically I’ve done good work for this company, lots of overtime etc. I’m now 8 months pregnant and fortunately have been able to maintain productivity at work as I’ve felt well throughout. My plan is to take 5 months maternity and then return full-time to same role, which I really enjoy. Childcare arranged etc.

My dilemma is that a senior mgr in my department (who doesn’t line manage me but has direct influence on my career here) told me that I’m unlikely to be put back into the same role when I return from maternity leave as he thinks that my priorities will have changed (with the priority being towards the baby and away from work). I felt very angry when he told me this as my career is important to me and I’ve massively stepped up this year, it seems very unfair to me to be moved from a role that I’ve been doing well without even being given a chance to combine work and motherhood. I didn’t communicate this to him at the time as I was shocked, but it keeps playing on my mind.

Fwiw my appraisal this year was good and I’ll be getting a decent bonus and my mat pay is also generous, so overall I’m being compensated well, but I feel like I have no future at this company following this conversation.

Would it be unreasonable to take my mat leave, come back half heartedly and put my energy into searching for another job in this situation?

No. I would arrange a meeting with HR or someone more senior than him. Then explain what he said and reiterate your commitment to that role. Basically putting it out there that you know this has been said and that’s not what you want. Follow up with an email situation feels right. That means there is a log of the situation incase anything should happen on your return.

In my opinion

If you take less than 26 weeks of maternity leave then your employer has to give you your old role back.

I think you're entitled to your role if you go back within 6 months.

First I'd report him to HR for a nice bit of sexism.

Second, I'd take the full year (or at least tell work that's what you're doing) and decide while you're off how much of a fight with this you want.

www.citizensadvice.org.uk/work/rights-at-work/parental-rights/maternity-leave-your-options-when-it-ends/

You can go back to the same role before 6 months. Maternity action group have a helpline I believe if you need backup!

@tintodeverano2

If you take less than 26 weeks of maternity leave then your employer has to give you your old role back.

Yep. He can't do what he's said. Unless you have a very strong reason not to raise this with HR, I would. His conduct is unlawful.

Planning to accept it and go back half-heartedly is giving him what he wants. By all means look for another job if you are no longer happy working there, but don't let him put you in a position where you sabotage yourself because of his shitty behaviour.

Employment lawyer here. PPs are correct that you are entitled to return to your own role if you take less than 26 weeks leave. You may not want to make a formal complaint as such (although I would) but I'd at least raise this with HR so it's on record in case of future issues. He's already committed discrimination and I suspect HR will not be happy with his conduct.

Wtf. I bet he doesn’t say that to any of the male employees when they become fathers.

Report him.

I’m assuming this manager isn’t based in the UK or Europe for that matter. I get this all the time in a global company. I’d either got to HR and ask them to ensure he understands the local legislation regarding a OML or take the opportunity to educate him.

Another one saying get it on record with HR. Very factual with dates and times. E.g. whilst on a Teams call at 13:10 on 29/12/21 Knobhead advised that I was "unlikely" to be placed back into my role as apparently due to having a baby the company feels I won't be fully committed to my role. I am very disappointed and distressed to learn then and would welcome your clarity and guidance in respect of my role at company, as this is making me feel very worried and apprehensive about taking maternity leave.

Thank you very much much for your comments and assistance, I will have a word with HR to make sure there’s a record of this, in case he does try to do this when I get back. Thank you once again.

I'm pretty sure they have to offer you, your role on the exact basis you left it hours, pay seniority etc. Unless your old job is now redundant which in any case they would have to prove that it was not because you had a baby it's a redundant role!

You are absolutely entitled to your old role back if you are taking less than 26 weeks maternity leave. Check out pregnantthenscrewed.com/support-services/ they may be able to support you

I would raise a complaint against the colleague. That's discrimination and your pregnancy is a protected characteristic. Record all conversations, time, date witnesses.

I'd go in guns blazing and leave them under no doubt that you'll pursue this if you're treated unfairly in any way. You're legally protected to do so. HR will probably be mortified by what the colleague said as they'll know the law.