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Maternity leave and opportunity for promotion

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  • 18-07-2017 9:40pm
    #1
    2017ul
    Registered Users Posts: 16 ✭


    Under Irish law ;
    1. does an employer or manager have to notify an employee of promotion opportunities within the company while she is on health and safety leave via email if all other colleagues were made aware through a notice board at work?
    2. Does an employer have to be willing to talk to the pregnant employee about what her roster will look like once maternity leave is over ? I.e what shifts to expect / what house / part of County she can expect to work in?
    Thank you


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    #2
    Stheno
    Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,688 Mod ✭✭✭✭Stheno


    2017ul wrote: »
    Under Irish law ;
    1. does an employer or manager have to notify an employee of promotion opportunities within the company while she is on health and safety leave via email if all other colleagues were made aware through a notice board at work?
    2. Does an employer have to be willing to talk to the pregnant employee about what her roster will look like once maternity leave is over ? I.e what shifts to expect / what house / part of County she can expect to work in?
    Thank you

    What do you mean, health and safety leave is different from maternity leave, ar are you talking about health and safety leave while pregnant?

    As for shiftwork, I imagine the normal rules of a weeks notice would apply?


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    #3
    2017ul
    Registered Users Posts: 16 ✭2017ul


    Stheno wrote: »
    What do you mean, health and safety leave is different from maternity leave, ar are you talking about health and safety leave while pregnant?

    As for shiftwork, I imagine the normal rules of a weeks notice would apply?

    Yes I am on health and safety leave at the moment, I am pregnant and due to go on the maternity leave in 2 weeks.
    the promotion which I was only told about via a chance conversatile with a fellow employee, was advertised internally within the workplace and I was not emailed or contacted about same although I am qualified. I was wondering if HR or a manager should have contacted me. Both health and safety leave and maternity leave are protected periods of employment.

    I want to arrange a meeting with my manager before the baby is born if possible to discuss my role when I return, if there may be a possibility of Me having set days / possibly reducing working hours to part time work, if I will have to move areas as originally had been planned before my health and safety leave commenced or if I will be remaining in the office I had been doing my hours in. Both offices are 40 minutes away from one another and I really want to organise childcare in advance so I can enjoy my maternity leave without stress of the unknown


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    #4
    Victor
    Registered Users Posts: 78,432 ✭✭✭✭Victor


    Given the Defence Forces case last week: https://www.irishtimes.com/news/crime-and-law/courts/high-court/female-army-captain-wins-action-over-blocked-promotion-1.2733734 it would be imprudent to not advise staff who aren't regularly on the premises, especially where it is maternity-related. However, that related to a case where a promotion was all but guaranteed based on time served.

    Talk to managers / HR and see can you interview anyway.

    Do realise that more employers look for promoted staff to be available in the short term and their position might be justifiable.


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    #5
    2017ul
    Registered Users Posts: 16 ✭2017ul


    Victor wrote: »
    Given the Defence Forces case last week: https://www.irishtimes.com/news/crime-and-law/courts/high-court/female-army-captain-wins-action-over-blocked-promotion-1.2733734 it would be imprudent to not advise staff who aren't regularly on the premises, especially where it is maternity-related. However, that related to a case where a promotion was all but guaranteed based on time served.

    Talk to managers / HR and see can you interview anyway.

    Do realise that more employers look for promoted staff to be available in the short term and their position might be justifiable.

    Thanks for the response and information, yes it was just bad timing that the promotion came up when it did, it is a job that I'm very qualified for and would hope to get, if not now sometime in the future, I managed to get my application in on time because of being advised about the position through a chance meeting with a colleague, I am hoping to at least get an interview as that would be a great experience in itself. Thanks again


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    #6
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    I don't understand what your gripe is. The job as posted as per usual practice, you got your application in on time, why do you feel discriminated against?

    In relation to rostering, you are entitled to return to work to the same terms and conditions that you had before you went on ML, no less, but no more. So whatever your rostering arrangement was before you went off, will be what you return to. You cannot be discriminated against in your job because of pregnancy, but neither are you entitled to return to enhanced terms and conditions then those you had.


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    #7
    Xterminator
    Registered Users Posts: 4,740 ✭✭✭Xterminator


    The employer should have followed standard procedure on filling the post.

    so if the normal procedure is to send a circular to all employees , then that should still be done, or if its post it on the notice board, or on their website etc. if they deviated from normal procedure, then perhaps you were discriminated against. If they didnt then you probably were not.

    with regard to rostering, may not be a clear cut.

    they couldn't change rostering practices without notice, but if you new hours/location were within the existing roster, then that might be okay. its vague at best but if a new condition of employment has been introduced, eg your in a new location - it would be worth taking it further. Talk to Employment Appeals Tribunal 1st, learn your rights, and then speak to HR/Manager once your clear on what your rights are.


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    #8
    duffman13
    Registered Users Posts: 8,952 ✭✭✭duffman13


    2017ul wrote: »
    2. Does an employer have to be willing to talk to the pregnant employee about what her roster will look like once maternity leave is over ? I.e what shifts to expect / what house / part of County she can expect to work in?
    Thank you

    Just in relation to your second query, when you return from Maternity Leave your terms and conditions will still be the same. That goes for working hours etc. You might get an opportunity to discuss required changes however in my experience this would be upon your return to work. The business needs may change from month to month so it's difficult for them to make an agreement like that. They are also not obligated to do so because you now have a child. It's at your employers discretion.


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