mumofthree
Registered User
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I am working for a small private company in Dublin as a permanent employee.
The contract contains provision for paid maternity leave as long as one has been with the company for more than a year at the time of going on maternity leave.
I was working full time for them when I got pregnant, but I didn't qualify for paid maternity as per my contract, as I had not been there long enough. Fair enough.
I came back from unpaid maternity to go part-time, and NOW THAT I AM BACK was presented with a new contract reflecting my new hours BUT also removing all rights to future paid maternity benefits.
It is purely a reduction in my benefits with no compensatory pay / benefits offered.
I had previously been told verbally that a new standard contract was to be created for new employees, but that I would not be affected.
I immediately politely pointed this out (by email) and suggested we continue as before with the same terms but changing the working hours only. Obviously the maternity benefit like any benefit would be pro-rated.
No response yet.
Question 1.
Can they change my contract unilaterally like that? I guess so, but not sure.
Obviously I have objected and I will continue to do so, but ultimately I guess if I don't agree to it they can say, ok, we are letting you go?
What is the legal position in Ireland on this please?
Question 1b.
The legal position is the main thing I need to know.
However, I would also be interested in hearing whether people think that this is bad HR practice on the part of my employer.
**************
Now, here's the complication, but a very relevant one....
I just found out I am pregnant again, only just a few weeks.
I know its early days but hopefully please God all will go well.
My pregnancy has happened after the new contract was first sent to me, but of course I had already voiced my objection and have certainly not agreed or signed it. Note: I have a doctor's cert to say I am pregnant.
This time, based on my old contract, I would be entitled to paid maternity leave.
so, Question 2:
Does my current pregnant status have any bearing on the situation? e.g. maybe its illegal to change the terms of a contract regarding maternity leave once you know your employee is pregnant.
The reason I need to know is so that I know whether to disclose it (earlier than normal) if they force the issue.
Of course depending on the answer to Q1, I may not have to disclose it early, which I obviously hugely prefer.
Again, correct legal info would be hugely appreciated.
Thanks for reading this far and for your help.
The contract contains provision for paid maternity leave as long as one has been with the company for more than a year at the time of going on maternity leave.
I was working full time for them when I got pregnant, but I didn't qualify for paid maternity as per my contract, as I had not been there long enough. Fair enough.
I came back from unpaid maternity to go part-time, and NOW THAT I AM BACK was presented with a new contract reflecting my new hours BUT also removing all rights to future paid maternity benefits.
It is purely a reduction in my benefits with no compensatory pay / benefits offered.
I had previously been told verbally that a new standard contract was to be created for new employees, but that I would not be affected.
I immediately politely pointed this out (by email) and suggested we continue as before with the same terms but changing the working hours only. Obviously the maternity benefit like any benefit would be pro-rated.
No response yet.
Question 1.
Can they change my contract unilaterally like that? I guess so, but not sure.
Obviously I have objected and I will continue to do so, but ultimately I guess if I don't agree to it they can say, ok, we are letting you go?
What is the legal position in Ireland on this please?
Question 1b.
The legal position is the main thing I need to know.
However, I would also be interested in hearing whether people think that this is bad HR practice on the part of my employer.
**************
Now, here's the complication, but a very relevant one....
I just found out I am pregnant again, only just a few weeks.
I know its early days but hopefully please God all will go well.
My pregnancy has happened after the new contract was first sent to me, but of course I had already voiced my objection and have certainly not agreed or signed it. Note: I have a doctor's cert to say I am pregnant.
This time, based on my old contract, I would be entitled to paid maternity leave.
so, Question 2:
Does my current pregnant status have any bearing on the situation? e.g. maybe its illegal to change the terms of a contract regarding maternity leave once you know your employee is pregnant.
The reason I need to know is so that I know whether to disclose it (earlier than normal) if they force the issue.
Of course depending on the answer to Q1, I may not have to disclose it early, which I obviously hugely prefer.
Again, correct legal info would be hugely appreciated.
Thanks for reading this far and for your help.
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