Sick leave and maternity

[PearlPanda]

Hi there, please bear with me! I have a question regarding maternity leave while on sick leave.
To summarise the story that I need help with: I work fully remote and have done for the last 5 years. I have been with my current company for 18 months on a fully remote contract (only in the office 1 day per month - I don’t live close).
From March, there has been a push to get everyone back into the office space. There have been various attempts, but my line manager and team seemed happy with my work and were not bothered as long as I came in for the big meetings we have once a month. However, from August there seems to be a direct change in tactics, where remote workers who have worked for the company for less than two years, have been placed onto performance plans, all with the same reasons and goals that are not tangible and can be changed at any time (my thinking is trying to oust the remote workers). Since they have been introduced, not a single person has passed the plan, everyone has either left for a new role or been terminated at the end of the performance evaluation window.
During this time, I have been placed on sick leave for an unrelated matter, and been told the performance plan is paused and will resume on my return to the office.
However, I have found out that I am pregnant (very early) and I am in a little panic about what that means for maternity and my job etc.
I would like to think that the company would not get rid of me with my benefits if I announce my pregnancy (if viable), but with the stories I have seen/heard, I am a little apprehensive that will be the case.
I am unimaginably stressed as with my current illness I am unable to work, and would not be able to find a new role, I am on a performance plan and I am pregnant.
Can anyone please help me with guidance on my rights, or where I could find any information to help? Any advice/guidance would be greatly appreciated.
Thanks in advance!

Sorry OP this sounds very stressful for you!

It’s a tricky one with regards to “rights”, there is nothing that says you can’t be put on a PIP, or indeed let go for failing one, while pregnant. The only protection is that they can’t put you onto a PIP BECAUSE you are pregnant, which they haven’t as you’ve already been placed on one before they are aware of the pregnancy, and they can’t dismiss you BECAUSE you are pregnant, but you can be dismissed while pregnant.

Your focus, and really the only thing you have to focus on, is the performance plan.

If you feel the plan is unfair then you can try to appeal it with HR/management, this isn’t often useful, it very rarely is reversed, but if you have evidence to show it was not warranted or evidence to show a witch hunt from a manager etc then you can provide that.

You can commit to and work with the plan, try to beat it that way, fully engage and meet the requirements although appreciate that’s difficult if they are not clear (which they should be).

Ultimately though if you feel it is unfair, that you are being targeted or discriminated against then you can seek legal advice. That is costly though & again you would need a goal in mind. It likely wouldn’t make the job one you would want to stay in but you may be able to negotiate a settlement for your resignation- however as I say the legal help isn’t cheap so it’s worth weighing up beforehand whether it is worth it.

Ah I’ve just spotted you’ve been employed for less than 2 years- in which case it does seem they’re effectively managing out while they can and it’s easy for them to do so as you haven’t got full rights at 18 months.

I’d start looking and applying for other roles.

Agree with advice of the previous poster. Your best bet is to start looking for another job, but if you want to stay, then push for clearer, more measurable targets on the PIP and ensure that you meet them.

Thank you for your advice. But I did post that because of my current illness state applying for a new role isn’t an option currently. I just want to cry about it all. 😥

In that case, push for clearer targets on the PIP.

Do you know how long you’ll be unable to work for?

Unfortunately with under 2 years service finding something else really is going to be your best option, or at least applying for other things while you wait out the plan.

The other thing to consider is that if off sick for a long period of time, especially with under 2 years service, you could be let go while on sick leave.

I’m sorry OP what a difficult situation.

I’m sorry OP, that must be so stressful.

The PIP has already started so your pregnancy won’t help you keep your job - you only have enhanced rights in a redundancy scenario on maternity grounds.

Employers can terminate a pregnant employee if there is a fair and non discriminatory reason. If you feel your card is marked, looking for an alternative whilst you’re sick sounds like the sensible option. You may still qualify for maternity allowance from that job, so you wouldn’t lose out on pay completely if you did have to change.

If your sickness is linked to pregnancy though, that does afford you some extra protection. Hard to say without knowing what your condition is though.