Can I lose my maternity pay if they replace me in my job?

CraftyMummy

I am currently employed in a job I can't do, I have had several occupational health reports that have suggested I am moved to a less physically demanding job.

After 5 months I am still waiting for my boss and HR department to get back to me about a change in role. Since then I have found out I am pregnant and will soon be on maternity leave.

My job is now being advertised and it is up as full time (I understand they still need someone to do it) but it doesn't say that it is temporary or maternity cover, even though I have not resigned or been fired from the role.

When I asked my boss what this meant for me they said they didn't know and that the question has been asked but they are still going to advertise it without an answer. I said I would take a change of contract when this first came up but they haven't offered it and now I don't think they will as I won't be around for much longer but I won't resign without a replacement role as I will lose my maternity pay and they haven't mentioned dismissal.

My question is can my boss hire a potentially permanent replacement before I go on maternity leave while I'm potentially described as having a disability without my resignation???

Any help will be appreciated

sangie595

Technically - yes. It appears you have been deemed unfit to do that job, and are therefore in some form of redeployment. You don't have to "give up your job" - if you are unfit to do it (and this is not a result of your maternity - which appears is the case) then they do not have to find you a job. They only have to try to find you one. If there is no job to be had, dismissal on the grounds that you are incapable of fulfilling your job role is possible. It is possible, if it is a large employer, that they intend to delay making such a move until after your maternity leave, not because of your pregnancy, but because it gives them more time to see if a suitable role comes along.

Given that nobody has job security of any sort until two years, advertising it as temporary or maternity cover is not a legal requirement.

It would help if you could clarify why you are being deemed to be physically unfit for your current role, and that this is nothing to do with your pregnancy.

CraftyMummy

I have been with the company just over two years and I have developed back problems since taking the job (i had a pre existing condition but it never showed like this so no expectation for it to develop as it did) it all started 6 months before I found out I was pregnant. I don't mind them dragging their feet until after my maternity I just don't want to get pushed out just before my maternity leave making me lose it

sangie595

Depending on the timing of your qualifying for maternity pay, I cannot promise that they won't. Nobody could. If you are unfit to do your job, that is not your fault, but nor is it theirs. Just very bad luck. But equally, they don't appear to be in any rush right now, so from where you are sitting, I don't think I'd suggest pushing too hard or they might make a decision. I appreciate none of that is probably the answer you want. But any definitive answer from them right now is probably also going to be one you don't want. If they had another role waiting and ready, I think they'd tell you. The fact that they haven't suggests there isn't one. But things change and people leave, and there may be one later. The longer it all takes, the better for you.

CraftyMummy

Thank you. Hopefully they will see it as too much hassle to mess with as I will be off in a few months and the chance of me returning are slim. I just find this limbo a bloody nightmare and scary as I'm now worried about my rights and whether they will push me out. But if they haven't done it in the last 10 months fingers crossed they won't do it any time soon

theoretica

In order to qualify for maternity pay you need to work for your employer until you are about 5 months pregnant (it is some number of weeks before the due day). If you are shortly going on maternity leave and they are advertising your role you must be close or past this cut off point already.

This applies to the statutory maternity pay - if your company is more generous then they probably have written in that they can be discretionary about this generosity and may have further conditions.

CraftyMummy

theoretica wrote: »

In order to qualify for maternity pay you need to work for your employer until you are about 5 months pregnant (it is some number of weeks before the due day). If you are shortly going on maternity leave and they are advertising your role you must be close or past this cut off point already.

I am due to leave in under 3 months but only because I need to take holiday before I go, I am not due to start maternity leave for another 5 months though

sangie595

Theoretica is correct though. As soon as you pass that point, even if they let you go (fairly) then they must still pay the statutory maternity leave. Anything above that does depend on the terms of your contract.