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Secondment and maternity worries

4 replies

Booklover81 · 17/09/2013 15:17

I have a slightly different query regarding secondment and maternity, my case is within the same organisation and I havent started yet. I was hoping it anyone had an idea of what my rights are.
S?
I was offered a secondment promotion (we will call it post A) on 21st August, due to start this on 30th Sept and will end on 22nd July 2014. After which I will go back to my permanent role (post B)

I got my BFP on 12th sept and have an EDD of 22nd May, 2 months shy of the end of the secondment. I am around 4 weeks, 12 week mark is mid nov.

My questions are:

  1. do I have to inform either manager A & B of this now or should I wait until after 1st scan and i am in post A.
  2. can they terminate A because of this or will they have to honour it until I can go on mat leave?
  3. Will my mat leave be from A or B? A is higher paid than B.
  4. Is B protected regardless?

Another way out I am thinking of is hopefully applying for and getting another permanent role(C) and going on normal maternity from this. But would I have to declare I am pregnant when applying? I do not want to cancel A if I can help it as it would be a great experience, even if I cannot complete the full 10 months.

aaargh too many things filling my head atm
Help!
Thanks

OP posts:
IrisWildthyme · 17/09/2013 15:35

Hello - and congratulations on your BFP!

Do not feel that you have to tell anyone at work until after 12 week scan. You are only obliged to tell them by about week 25 (15 weeks before the baby is due) but it is advisable to tell them sooner if there might be any health and safety issue relating to your pregnancy whereby you should have additional protection. It is illegal for them to withdraw any career development opportunity from you on the grounds of your pregnancy unless there are health & safety issues which mean the job shouldn't be done by anyone pregnant. If they terminate A because of this, they will be guilty of discrimination. If the project that A is a secondment to would fail if you left just before the end then it might obviously be kind to mention it sooner, but you aren't legally obliged to. When you tell them I would tell both the manager of A and of B.

Your maternity pay will be based on the pay you had during the 8 weeks prior to the payday you had immediately before the "qualifying week" - which is week 25 (that will be early february for you). Assuming you are paid at the end of the month, that will mean that your SMP in the first 6 weeks will be 90% of your earnings in December 2013 and January 2014.

Your right to return to the position you had before maternity leave if you return after 9 months will relate to position B. If you take a full year they are obliged to offer you something equivalent to position B, not position A.

Booklover81 · 17/09/2013 17:33

Thank you so much for answering, your explanation is clear and easy to understand. The secondment is not unsuitable for a pregnant woman nor would it collapse without me so its nice to know i am covered there.
Do you know if applying for a new job, i am also not obliged to tell them right away? I feel guilty applying for a new job knowing that i am pregnant but im just trying to get the best possible start to being a mum

OP posts:
IrisWildthyme · 17/09/2013 18:00

If you move to a new job with a different organisation, you will lose your entitlement to SMP and will be a bit worse-off financially (you will still get maternity allowance, but this is less). You have to be not-pregnant on the day you start work to qualify for SMP. You aren't obliged to tell them right away and there is nothing illegal about applying for and accepting a job while pregnant without telling your new employer, but you must tell them by the 15th week before the due date (week 25 again). Theoretically, organisations should appoint the best person for the job, and if the best person for the job happens to be currently pregnant that should not be an issue. In the real world you will find that a new employer resents you mucking up their plans like this so it's not necessarily the best way to start a new employment, but a well-run organisation is looking at the bigger picture and a maternity leave absence ought to be able to be absorbed into the functioning of the organisation rather than causing an issue like this. However, you might be better off applying for jobs once you are more coming towards the end of your maternity leave, able to present yourself as ready to start work immediately as you won't have notice to serve (so long as you have childcare sorted). You can then hang on to the security of job B being available if your applications are unsuccessful. You will not lose any of your SMP if you go to work for another employer after your maternity leave (the SMP comes via your employer but they are refunded by the government so don't lose out). If your employer is more generous with maternity pay than SMP you would have to return any additional pay if you went elsewhere.

If the new job you apply for is within the same organisation, you retain your rights to SMP and the job they would keep open for you for up to 9 months would be the new job (C). However, many organisations might raise an eyebrow at an employee applying for job C when only just starting a secondment from job B to job A - you might damage your reputation for reliability in the organisation if you do that.

You can tell that what I'm actually supposed to be doing this afternoon is deadly dull, can't you...

Booklover81 · 17/09/2013 23:20

Hi, thanks again.
The job C would be in the same organisation and is an equivalent job to secondment A but permanent whereas A is only 10 months. My reasoning for leaving the secondment would be job security. My new manager of A is aware im being wooed for job C. I guess im already trying to think of my plan for returning to work, i dont really want to return to job B and would like something better waiting for me!
Again, thank you so much you have been very helpful. Its a relief to know im safe as long as i stay in my current organisation

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