Can my employer not promote me because of being on ML?

[advicewouldhelp]

I've namechanged for this as I'm paranoid that someone from work might recognise me but I'm getting a bit desperate.... I'll try and be brief

I am currently on ML.

The contract I was on when I went on ML had me at a certain level in the company and stated that I would be on that level for X years and then "subject to performance" I would go up a level (which involves an increase in pay and responsibility).

I have now been told that the year I was on ML does not count towards the total number of years as stated in the contract - so effectively I have to make up the year I've "missed." I will not even have my performance considered in terms of the promotion until I have done this.

I am very upset about this as, financially, it might mean I cannot afford to go back to work at all because of the cost of childcare. We planned things based on the pay rise (I was 99% sure that my performance would be ok).

This really doesn't seem right to me. Any advice gratefully received.

The law changed in 2003 to say that the employer had to still give all contractual benefits for standard maternity leave (first 6 months) except pay. Then in 2008 they extended this to extended maternity leave (the next 3 months). I know this because my employer has just had to give me extra holiday because I didn't accrue bank holidays whilst I was on ML.

Have you got a union where you work? If not I would try and see CAB as it doesn't sound right to me. It's discriminating you for being female essentially.

Perhaps worth running it past an employment lawyer, or reading your copy of the contract carefully (if you have one)? I'm permanently employed (civil service) and I know my ML did not count towards my experience when I was considered for promotion.

Worth chasing though if it could make such a big difference to you...

They can deduct the 3 months extra leave but have to include the 9 months smp in your record.

Thanks for the replies.

BeeBawBabbity that's interesting, I am also in the Civil Service but I can't see anything in my contract that says anything about that. It may be a policy or part of a collective agreement that I was not aware of so have asked my Union rep to check. Our contracts tend to be a bit thin on detail with most if the info being posted on our intranet site (which I don't have access to from home).

I wasnt allowed to count all of my maternity leave when it came to getting promotion at work (which required a certain amount of time spent at a particular level), it seemed fair enough, as I hadnt been at work gaining experience in that role.

In my job sick leave can also mean that people dont meet the requirements for experience.

I think that's the nub of the issue for my employer - the fact that I haven't gained a years worth of experience, but that's not what the contract says. It just says after " X years" at this level you "will" progress etc....

But I still can't see how this gets around the fact that I will suffer a detriment (financial mainly) because I took ML. I just didn't think that kind of thing was legal! If I were to have another baby for example I will just be kept back again etc without having the opportunity of having the performance I have actually done assessed with a view to promotion.

I've also posted this in "Employment Issues" so hopefully will get some advice there also.

Thanks for the replies.

advicewouldhelp I understand where you're coming from but it's not the ml which is holing you back it's your attendance ie if you were a bloke and been off sick etc same would count
I understand you're disappointed but think in terms of time off as % and see if it's still reasonable ie 4 years with 1 yr off +25%, alot to 'miss', whereas 10yr with 1 year off =10% and thus would be more difficult for them to not count

Agree with cats, I would assume the year count is for actual time at work gaining experience, so the year of ML does not count. Would also apply for long-term sickness - though obv ML is not an illness! - but principle is the same, are you effectively in work and contributing or not.

I would certainly expect that a partial year counts, say the year is measured Jan-Dec and you were off from July then the first 6 months before you go absolutely count towards the total - but may mean you only get considered in the next year's promotion round after you make up the difference.

While I was on ML, I was given a performance review of 'average' when effectively I'd only been in work for three months that year (and done well if I say so myself) - but I accepted that, who's to say what the rest of the year would have looked like. It also meant that I was given the 'average' salary increase that year which was a big fat zero [hollow laugh, that's private sector for you]. Can't see many organisations awarding an 'outstanding' rating to someone who's not there at work.... and at least my ML protected me in that the company went through a number of layoffs that year, so I bypassed that round entirely.

To be honest, taking ML immediately imposes a financial detriment whether you like it or not, it's been shown to reduce future potential earning power, impacts your pension / retirement funds etc etc. All part of the equation, in the end you need to decide whether ML is important enough to you - for myself there was no question about it and I went for 10-11 months (could have stopped earlier say 6 months but chose not to). But the impact of the decision will reverberate for years and you can't fully assess it til later.

Yes, but men are not affected in the same way when they become a parent, so to me, it sounds like sex discrimination. I was under the impression that ALL your T&C (except pay) HAD to remain the same when you were on M/L.

I wonder if this will change when men and women can split the M/L 50/50?

hmm..............