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Paid maternity leave doesn't kick in until 2 year tenure

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  • 21-06-2022 4:39pm
    #1
    Registered Users Posts: 939 ✭✭✭


    Hi boardsies,

    I wondered if those with more experience of maternity policies and such situations could shed some light. I'm at my current job about 9 months, and currently not pregnant but thinking about TTC in the next few months. Late 30s so time is not on our side.

    Having checked the maternity policy, I've realised that in order to qualify for 26 weeks paid maternity leave, I need to be at the company for 2 years. All going well, I will fall pregnant and take leave before that time period (who knows of course), but also - I would not intend to be in this role by that stage.

    My question is - is it worth A. trying to negotiate that wait period pre pregnancy, B. applying for new roles with the intention of negotiating for better maternity leave terms elsewhere? The goal is obviously to have paid leave of 6 months, but am unsure how negotiable these things are and feel strange thinking about doing that pre pregnancy.

    Any insight is appreciated!

    x



Comments

  • Registered Users Posts: 94 ✭✭suilegorma


    I would say almost no chance of negotiating maternity leave wait periods. If you intend to change jobs I would assume you won't get paid maternity leave. Most companies have some kind of wait period but I would say two years is probably a long one. And bear in mind it's not always possible to get access to that information prior to accepting a role. If you stay where you are then at least you have a chance of meeting the leave requirements, unless you get pregnant straight away. And also consider where you might like to return to after maternity leave, a role you were in for 2 years or one just for a few months prior to going on leave.



  • Registered Users Posts: 939 ✭✭✭bitofabind


    All valid points. It does seem long, which is annoying to find out at this stage. It's a relatively small company where no-one has taken maternity leave yet, so assuming I would be the first, I thought lobbying them for more family friendly terms could be a move here, I'm also in a leadership position where the argument for better maternity conditions to attract talent could have sway.

    I also wasn't sure if negotiating for better maternity leave terms was advisable / a move people tended to make on accepting a new job offer. My goal would be to move into a more suitable role in the coming months and start trying towards the end of the year.



  • Registered Users Posts: 1,228 ✭✭✭The Mighty Quinn


    You might get pregnant month 1 if trying, month 8, 3 years later, or never.

    At late 30 especially you can't schedule these things in.

    My wife had 2 unpaid maternity leaves, one company which didn't pay it at all, and she moved to a company then that didn't pay mat leave if it was taken in first 12 months. We'd a baby in 2020 and a baby in 2021, busy times.

    It was financially tough, but we managed (but further unpaid leave wasn't possible to absorb). Think longterm, where do you want to work afterwards. Don't move company doing something you don't want to do for 26 weeks top up pay.

    In my opinion you haven't a hope of negotiating the 2yr period down to 1. What incentive do they have to do that really



  • Registered Users Posts: 939 ✭✭✭bitofabind


    Yeah it sucks and yes to the time sensitivity. In discussing with my partner, we landed at later this year for trying after our new house goes through. I guess I'm extrapolating out to if I'm lucky and it happens easily / within a few months and I'm under the 2 year wait period.

    The role and company is not a long-term (or even medium term) fit for me, which complicates matters for me, as moving jobs which given my level of experience should be possible, seems to spell no paid leave at all if it happens for us short-term.



  • Registered Users Posts: 5,900 ✭✭✭Princess Calla


    Ah congratulations!!!

    If I were you I'd make absolutely no mention of pregnancy or any thoughts of pregnancy until you really can't hide it anymore.

    So many companies pride themselves on being equal opportunity etc etc until you get pregnant and suddenly you're the fly in the ointment.

    Most places are one year service though I have heard of one place that was 10 yrs service (the perks in that place were fantastic though)

    Now is not the time to go on a crusade that could backfire on you.

    If you've less than a years service they can still let you go for no real reason, obviously they'll be smart enough not to cite maternity but some managers will walk very close to maternity leave legislation.

    My advice, look after you and keep your head down.



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  • Posts: 1,344 ✭✭✭ [Deleted User]


    Your username is very appropriate...... certainly opened a 'sticky wicket' on this thread...... being honest I've never heard of a 2year 'wait' before....now my kids are raised ( more or less) but on reading your post I checked the 'terms' ( re maternity) with the company I work for..... it's 1 year and I had always assumed that was the norm for all employment contracts but there you go.....gotta admit 2yrs is a bit 'sneaky' but I can see how a company would be looking to 'protect' itself ( from paying €€). This idea about 'seeking change' is, being blunt, a total non- runner, & I think you appreciate that yourself. The best advice I could offer is to echo "Princess Calla" ....look after YOU & in years to come this dilema though a mountain now will seem a bit of a molehill.



  • Registered Users Posts: 2,337 ✭✭✭Loveinapril


    I would have thought that most places have a clause on when you can access maternity pay but be aware that some places also have a policy that you have to give X amount of time after taking maternity leave. This means that even if you hang around in your current role to avail of the paid leave, you may be stuck owing them a year of work.



  • Registered Users Posts: 939 ✭✭✭bitofabind


    I don’t know if having the policy discussion is a non runner. I’d accept that it’s a risk, maybe a hiding to nothing. But I work for a startup that is actively trying to grow and hire talent. We’re sub 60 employees. No one has taken mat leave yet. There aren’t that many women of childbearing age. If 2 years wait time is outside of the industry standard that’s not a good way of attracting talent and doesn’t line up with the company’s supposed values. That’s a conversation I’d be able to have. I work in Sales and manage a team here so wouldn’t shy away from that sort of discussion regardless of the risk



  • Registered Users Posts: 22,420 ✭✭✭✭Akrasia


    You'll get statutory maternity leave regardless of your length of service. This is paid by the state. What you're looking for is the topup that is paid by the employer at their discretion

    Given that you don't intend to stay at the job long term, you're asking for your new employer to subsidise your family with no loyalty that you'd stay with them later on....

    And the additional cost of the employer holding your role for you for up to a year which means they'll have to hire a new temp employee that they would then have to train up and let go when you return from maternity leave



  • Registered Users Posts: 5,900 ✭✭✭Princess Calla


    You seem pretty determined to have the conversation.

    As you've said it's a start up so I'd imagine they did their research before they set on 2 years service before maternity leave benefit kicks in.

    They may feel they can't afford at this time to pay two employees for the one job. 26 weeks pay is also fairly generous mine was 16 weeks full pay. I'm not a 100% sure someone else may confirm but I don't think an employer is legally obligated to pay maternity leave (you will get state maternity leave) so they may negotiate to 1 year but also say 13 weeks pay.

    They also may want continuity of service. Having a new hire, training them up for them to go on leave, resulting in another short term new hire is disruptive. Especially when it is a start up, I'd imagine everyone there has only done their own role so cross over knowledge may be limited.

    I also don't buy the argument that reducing maternity leave will attract new hires. The majority of girls I know, if they are planning on getting pregnant stick where they are, even if they hate it. Pregnancy can be super tough and some women will be seriously sick, so most will feel built up loyalty/goodwill will work in their favour if they need to ring in sick etc. Plus on a basic level they don't want the stress of learning a role while growing a human.

    You still have 2 months to go before you are covered fully by employment law. I'd be treading very carefully here. If you, a female, mid 30's start this conversation it's very obvious that you've a vested interest in the topic. You as a manager getting pregnant may not suit their business plan , so within the next 2 months they may find reasons to let you go.

    Also you said yourself you may not conceive straight away. You are in the age group where conception becomes more difficult you could be trying for two years. That said I had geriatric pregnancies and I conceived on first try, everyone is different.

    Ultimately it's up to you. This wouldn't be a hill I'd be prepared to die on.



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  • Posts: 1,344 ✭✭✭ [Deleted User]


    All excellent/ logical points....... I really can't see a " conversation " to get enhanced / more advantageous maternity benefits getting much ( any) traction..... what's in it for the employer?????



  • Registered Users Posts: 1,661 ✭✭✭notAMember


    Absolutely have that discussion with your employer, now.


    i was in almost exactly your situation 15 years ago and didn’t have the conversation (it was about the amount of top-up, they only permitted 10% of wage) at the time. I struggled through, at a time when there was no paternity leave either, and brought it up AFTER the pregnancies, when I felt I wasn’t biased anymore. I provided industrial norms and suggested we adopt those.


    They changed the policy within 2 months of me bringing it up.

    I hugely regretted not mentioning it up front. Would have saved my family a lot of hardship.


    Youve nothing to lose. Arm yourself with data and mention it.


    No one else will be this advocate for your interests.



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