Falling Pregnant while on career break

The_Palmist

Happy New Year everyone.

Hoping for some guidance here. This is for Mrs Palmist.

She went on mat leave and then returned to work part time. Things weren't working too well with child care and nurseries so we decided on a 1 year career break. Her career break finished in 2017 May. Since then she was told she will have to apply for a job once something is available.

Then she got called in to be interviewed for a role in July 2017 and got confirmation a couple of weeks later in August 2017.

Since then she checked a few times and been told she is next in line as soon as a vacancy is open.

October 2017 and we are expecting another baby. She is 4 months now and there has been no communication from her employer which is a national banking chain.

I see chances of her going back to work this year really slim and need to know what her rights are before calling HR department. No clue on what Statutory Mat pay will work out for her.


Any advice will be most welcome.

BorisThomson

You need to know the terms of her career break. On what you've said it sounds like she is no longer employed by the bank, is that the case?

The_Palmist

BorisThomson wrote: »

You need to know the terms of her career break. On what you've said it sounds like she is no longer employed by the bank, is that the case?

We didn't receive any terms but I will check. There will be a policy somewhere.

She is still employed as she gets a pro rated bonus (might as well be nothing) and pension statement.

maninthestreet

The career break ended in May 2017, but she became pregnant in October 2017?

The_Palmist

maninthestreet wrote: »

The career break ended in May 2017, but she became pregnant in October 2017?

Yes. Pregnant again if that wasn't obvious :-)

sangie595

I can' t see any evidence at all that she is still employed. If she had to apply for a job, then how is she employed? The "career break" ended several months ago.

That said, what "rights" are you expecting her to have? It would appear that she hasn't been in work since early 2016, and you are saying she won't be back this year... on 1st January! Since she earns nothing, she doesn't qualify for SMP. She may qualify for Maternity Allowance.

I'm not clear what communication she is expecting from her "employer". Can you explain what you think they should have communicated to her?

Crazy_Jamie

The_Palmist wrote: »

She is still employed as she gets a pro rated bonus (might as well be nothing) and pension statement.

I share Sangie's concern as to the lack of evidence that she is actually employed. Is she receiving any payment of any kind? Is she receiving contributions to her pension? Does she have a job title? Is she applying for jobs in the same way as any member of the public would, or is she applying internally? On what basis do you say she's entitled to a bonus, even if it's going to be zero? Has it actually been confirmed explicitly by the employer that she is still employed?

Up to now it sounds very much like she's taken a break for a year with little more than a promise from the employer that they will see what they can find her in terms of a role when she's ready to return. It may be that the arrangement is more formal than that and has been put in place in accordance with an actual policy, but from what you've said so far I do think there's a real risk here that she's not employed at all.

The_Palmist

sangie595 wrote: »

I can' t see any evidence at all that she is still employed. If she had to apply for a job, then how is she employed? The "career break" ended several months ago.

That said, what "rights" are you expecting her to have? It would appear that she hasn't been in work since early 2016, and you are saying she won't be back this year... on 1st January! Since she earns nothing, she doesn't qualify for SMP. She may qualify for Maternity Allowance.

I'm not clear what communication she is expecting from her "employer". Can you explain what you think they should have communicated to her?

She is still on the books else she wouldn't be getting her meagre bonus.

Communication regarding a successful interview which happened in July and return to work discussion which is fairly standard. I believe this hasn't happened as her branch had a few manager changes.

For SMP I will ask her to confirm if the break counts towards continuous employment, it is unlikely I get that but there is a small possibility.

The_Palmist

Crazy_Jamie wrote: »

I share Sangie's concern as to the lack of evidence that she is actually employed. Is she receiving any payment of any kind? Is she receiving contributions to her pension? Does she have a job title? Is she applying for jobs in the same way as any member of the public would, or is she applying internally? On what basis do you say she's entitled to a bonus, even if it's going to be zero? Has it actually been confirmed explicitly by the employer that she is still employed?

Up to now it sounds very much like she's taken a break for a year with little more than a promise from the employer that they will see what they can find her in terms of a role when she's ready to return. It may be that the arrangement is more formal than that and has been put in place in accordance with an actual policy, but from what you've said so far I do think there's a real risk here that she's not employed at all.

You are probably right. Mat Pay is calculated based on earnings in qualifying weeks and since that earning is 0, company mat pay is mute point anyway.

I will look in to MA from DWP and also get her to confirm her status from previous employer. If for whatever reason she is still considered employed then a graceful resignation will be in order as I can't see her going back to work anytime soon.

The_Palmist

We dug out old paperwork and as you guys have said, she is not considered employed.

I am reading on DWP and MA side of things are a bit unclear, it seems she may not be entitled to any MA at all.

sangie595

The_Palmist wrote: »

We dug out old paperwork and as you guys have said, she is not considered employed.

I am reading on DWP and MA side of things are a bit unclear, it seems she may not be entitled to any MA at all.

I thought that would be the case. Even career breaks are not always counted for continuous employment - in fact in my experience few employers do count them, and many don't give any guarantee of future employment at the end.

With regard to the former employer, what you do now is a matter of strategy rather than anything else. She can keep her mouth shut and hope nobody notices that she is pregnant before offering her a job. Personally, I wouldn't suggest that because (a) the chances are slim and (b) if she gets away with it the employer will know and that will shoot in the foot any goodwill for a future return to working for them. I would tell HR the truth now and hope that salvages some goodwill for the future.