Fulltime permanent position in a Third Level College. Maternity and "top up" payments

[Margie]

Only academic staff seem to have contracts because they are not permanent.

i never asked for a contract because I thought if i'm permanent i'm automatically entitled to these benefits. Silly me.

 

[ClubMan]

Either way, just to reiterate, you are perfectly entitled to a written copy of your contract. See CitizensInformation. You cannot be penalised for asking for this since it is a statutory entitlement. Similarly I don't see that you should have to put up with being berated for asking your employer reasonable questions about the nature of your benefits of employment.

 

[Margie]

Thank you Clubman I found that website extremely informative.

 

[pat127]

Do other employess have written contracts of employment? Why did you never get one or ask for one?

It'd be nice to think that other employees have written contracts or even nicer if they mention the right to 'top-ups'. If they don't however, the problem as I see it is that the employer refuses to pay one and as it's a discretionary matter it's doesn't follow that it'll be paid just because Margie manages to get her contract put in writing.

In fact, a contract exists regardless of whether or not it's in writing. The right to statutory benefits is not affected and what has been done in the past ('custom and practice') is deemed to be part of the contract also. Consequently had top-ups been paid in the past Margie might well have a case but she indicates that that wasn't so. The reference to not 'seeing her stuck' is too vague to be of any effective use if for instance Margie produced a witness or two to verify that it had been said. The employer would probably argue that the offer of a week's pay was what he had in mind, or that circumstances had changed!

As to Margie's statement that 'there should be some law to enforce that permanent employees are looked after while out on maternity leave'...

I don't see any way in which all employers could be obliged to keep the employee on the payroll or provide 'top-ups' because they'll come up with a raft of arguments, e.g. an inability to pay, the costs of employing a replacement etc and in the end the Govt would have to introduce some form of grant scheme. In effect that is what they do by providing Maternity Benefit. Whether or not it's adequate is another argument altogether.

 

[Margie]

Pat 127, I appreciate your input and totally understand what you are saying but i feel very strongly that if you are permanent in your employment you should be offered something by your employer to show that you are a valued member of staff firstly and secondly as a good will gesture. What I don't understand is how so many employees in the private sector do get the top-up and others like me don't.

While I certainly don't mean to whinge on about this, I must stress that I would love to know how some employers (in the private sector) decipher to give the top-up and some don't. What really annoys me is that my employer will benefit from my absence as the person replacing me is on a much lower wage.

 

[ClubMan]

Re: Fulltime permanent position in a Third Level College. Maternity and "top up" paym

What I don't understand is how so many employees in the private sector do get the top-up and others like me don't.

Some do. Some don't. There's no standard to this. It's all down to the individual employee's contract of employment and benefits package.

While I certainly don't mean to whinge on about this, I must stress that I would love to know how some employers (in the private sector) decipher to give the top-up and some don't. What really annoys me is that my employer will benefit from my absence as the person replacing me is on a much lower wage.

Some employers decide for themselves that this is an important part of their standard benefits package in order to attract and retain key staff.

 

[Margie]

Re: Fulltime permanent position in a Third Level College. Maternity and "top up" paym

Some employers decide for themselves that this is an important part of their standard benefits package in order to attract and retain key staff.

That's exactly my point. I really feel that you've hit the point there. It's all about retaining key staff members like myself.

 

[nelly]

Re: Fulltime permanent position in a Third Level College. Maternity and "top up" paym

That's exactly my point. I really feel that you've hit the point there. It's all about retaining key staff members like myself.

that may be your point but the reality is that folks are in business to make money not provide people with nice jobs with wonderful perks.

as for retaining key members of staff - i think providing pension contribution to a certain % for all staff would be a better stab at retaining employees than offering mat benefits as they would apply to all, and as this seems to be the first time maternity leave has been requested

Margie - no offence but your not the first person to have state mat and not be sibsidised to the tune of your origional wages and you won't be the last.

 

[ajapale]

Re: Fulltime permanent position in a Third Level College. Maternity and "top up" paym

as for retaining key members of staff - i think providing pension contribution to a certain % for all staff would be a better stab at retaining employees than offering mat benefits as they would apply to all

Margie,

Out of interest, has the organisation offered you membership of an occupational pernsion scheme? or perhaps has made a PRSA availiable to you?

Does the organisation have any other perqs or incentives (for example training courses, health insurance, flexi time etc). Somehow I doubt it, as they appear not to be at the cutting edge of HR "best practice".

aj

 

[Margie]

I appreciate where you are coming from nelly, i suppose I'm just feeling sorry for myself.

Also, while we're on the subject of pensions - the word pension has never been mentioned to me by my employer or any of the other perks mentioned by ajapale for that matter.

i will say this in their favour however, if i ever need to take an hour off here or there they are very accomodating but then i have to say that this would all balance out because sometimes i get delayed in work in the evening or taking my lunch (which is from 1 to 2pm) etc.

We do not get paid time and a half for overtime, time and a quarter. Also we get 25 days holidays a year which is generous in my mind but what has never been clarified is whether or not i have to take the few days that we are closed for Xmas out of this so I have always ended up deducting these days form the 25 days.

 

[picene]

the word pension has never been mentioned to

if ther are more then 10 full time employees then I think by law they have to offer you a pension

as for Maternity benefit I know of no one who has ever got a top of payment. everyone I know works in the private sector

 

[ajapale]

Re: Fulltime permanent position in a Third Level College. Maternity and "top up" paym

as for Maternity benefit I know of no one who has ever got a top of payment. everyone I know works in the private sector

Very many of private sector companies provide "top up" maternity benefit. Its not always 100% though, Ive seen 80% and 90%.

 

[pat127]

We do not get paid time and a half for overtime, time and a quarter. Also we get 25 days holidays a year which is generous in my mind but what has never been clarified is whether or not i have to take the few days that we are closed for Xmas out of this so I have always ended up deducting these days form the 25 days.

The Public Holidays in that period are not taken out of your minimum annual leave entitlement (which in the normal circumstance is 20 working days). These are New Year's Day, Christmas Day and St Stephen's Day. Any other working day comes out of your allotment. That incidentally is another matter that a good employer would make clear to staff on joining.

 

[DrMoriarty]

I pushed my employer a little and they came back to me quite angry suggesting that I was railroading them into a decision. I also explained to them that the person taking over for me was on a much lower wage so it would probably balance out. I was reprimanded for this.

...my employer was very angry with me over the whole situation and told me that they were very disapopointed in the way I handled my query.

To add insult to injury I was then offered a 'once off' payment of one weeks wages as a settlement gesture.

Basically what I am saying is, if i were to involve a union I think my job would be in serious jeapordy.

I suppose I'm just feeling sorry for myself.
[…]
I will say this in their favour however, if I ever need to take an hour off here or there they are very accomodating but then I have to say that this would all balance out because… [etc.]

Marge, I think you are being far too tolerant/charitable about this. The above reads to me as somewhere between patronising ineptitude and outright harassment/discrimination, and it’s appalling that you should have to endure this kind of stress in your present condition.

I work in a privately-owned but state-funded institution, and I’ve heard horror stories from female colleagues (who constitute the vast majority of our staff, except at higher management level) about having to fight tooth and nail to extract from the management basic conditions re pay and leave that were their legal entitlement. I won’t go into detail here, obviously, and you probably shouldn’t, either.

Can I suggest the following?

1. First and foremost, try not to let this upset you. Your health and your baby’s are by far the most important consideration in all of this.
2. Have a look at the Maternity Protection Act, 1994, particularly Part II, sections 8-9, 13-14 and Part IV, section 22 (4) and sections 26-27.
3. Notify your employer by means of the relevant form MB 10, indicate that you take exception to their treatment of you and request that they henceforth communicate with you in writing in relation to this matter.
4. If your leave commences after 1 March 2007, your entitlement has been raised from 14 to 26 weeks’ paid leave. See this .pdf leaflet from UCD* for handy reference.
5. Call the Maternity Benefit section in Letterkenny (LoCall 1890 690 690) and, I would suggest, the Equality Authority (LoCall 1890 245 545; see their relevant publications, too). You can discuss your circumstances with them in confidence.

The very best of luck to you, and remember — Illegitimi non carborundum!

* Not my employer. The way things are going, Irish universities will probably soon be state-owned but privately-funded, anyway!

 

[pat127]

Also, while we're on the subject of pensions - the word pension has never been mentioned to me by my employer

No one has picked this up as far as I can see and I suspect you already have enough on your plate coping with all the excellent advice you're received here.

Just for the record however, an employer is not obliged to provide you with an occupational pension scheme but the following should be of interest. I've taken it from

http://www.citizensinformation.ie/c...rsonal-finance/pensions/occupational_pensions

"From 2003 onwards, Personal Retirement Savings Accounts (PRSAs) became available. These are designed to be used instead of occupational pension schemes by employers who do not wish to sponsor such schemes. They may also be used to supplement occupational scheme benefits, as Additional Voluntary Contributions (AVCs) and as a substitute for personal pension schemes. From 15 September 2003, employers must offer access to at least one standard PRSA to any employee who is not eligible to join an occupational pension scheme within 6 months of joining employment and must offer a PRSA for AVC purposes if there is no facility for AVCs within the scheme. Further information on PRSA is available from the Pension Board's website "

Good luck with everything.

 

[aircobra19]

Re: Fulltime permanent position in a Third Level College. Maternity and "top up" paym

....A large proportion of larger employers seem to do so too. However smaller employers in the private sector who do pay seem to be in the minority. ...

Theres many large private sector companies who don't pay it.

Its part of your contract. Some places have it some don't. That goes for public and private regardless of size.

While you are looking into this you look into your entitlements to leave, maternity and parental. Parental leave is only an entitlement if you take it all together. If you try to take it piecemeal a company can refuse it. They can only refuse it once if you take all together.

 

[ClubMan]

Re: Fulltime permanent position in a Third Level College. Maternity and "top up" paym

Parental leave is only an entitlement if you take it all together.

Eh? That does not seem to tally with the information posted on CitizensInformation.

Amount of parental leave

Parental leave is available for each child and amounts to a total of 14 weeks per child. Where an employee has more than one child, parental leave is limited to 14 weeks in a 12-month period. This can be longer if the employer agrees. (This restriction does not apply in the case of a multiple birth, such as twins or triplets.)

The 14 weeks per child may be taken in one continuous period or in separate blocks of a minimum of six weeks. If your employer agrees you can separate your leave into periods of days or even hours.

Both parents have an equal separate entitlement to parental leave. Unless you and your partner work for the same employer, you can only claim your own parental leave entitlement (14 weeks per child). If you both work for the same employer and your employer agrees you may transfer your parental leave entitlement to each other.

 

[Margie]

Thanks for that Pat 127.

it seems there's a lot I haven't been made aware of by my employer.

 

[DrMoriarty]

If I look for a contract of employment at this stage I can foresee what it will contain.

I forgot to add that I would be wary of doing this, Margie. As things stand, you enjoy various statutory entitlements and legal rights — even though your employers haven't made you aware of them, and are possibly unaware/uninformed themselves (ironically enough). If you now seek to formalise your position by requesting a written contract, they may well try to insert all sorts of new restrictions and conditions, as a sort of bargaining piece. My own employers started this lark a few years ago, so I have recently-appointed colleagues who are contractually bound to/precluded from all sorts of things (for example, their contracts require them to live within a certain distance of the workplace). Terms of employment are not inalienable rights, so don't sign anything away!

As I said at (1) above, right now you should look out for your own wellbeing, disengage from what seem likely to be unpleasant or confrontational negotiation scenarios, and think positive. Leave the battles to another day.

 

[ClubMan]

Re: Fulltime permanent position in a Third Level College. Maternity and "top up" paym

I forgot to add that I would be wary of doing this, Margie. As things stand, you enjoy various statutory entitlements and legal rights — even though your employers haven't made you aware of them, and are possibly unaware/uninformed themselves (ironically enough). If you now seek to formalise your position by requesting a written contract, they may well try to insert all sorts of new restrictions and conditions, as a sort of bargaining piece.

But they can never abrogate your statutory rights no matter what they put in the contract as far as I know.

for example, their contracts require them to live within a certain distance of the workplace).

Is that actually legal? What is the supposed penaltu for them failing to continue to meet this condition? I can't imagine that this is enforceable. Unenforceable clauses in contracts are not unusual (e.g. most non-compete clauses are for all intents and purposes unenforceable).

Terms of employment are not inalienable rights, so don't sign anything away

Statutory rights are inalienable as far as I know.