Can you accept a fixed-term contract position if you know you can't satisfy the full length of the contract due to being pregnant?

Anonymous

July 6,2023 at 8:54PM UTC

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Can you accept a fixed-term contract position if you know you can't satisfy the full length of the contract due to being pregnant?

I'm really trying to get into an organization that right now only has contract positions open. I'm going to do my best to not only get an offer for the role but to see what I can to get it converted to a FT position, but I'm not sure how realistic this is. As I'm pregnant, if it's a 12 month or even 6 month contract, I wouldn't be able to fulfill the full length of the contract as I'm due in early January.

What obligations do I have to disclose this or am I at risk of breaching the contract or in some way being penalized for not being able to fulfill the entire length of the contract if I have to give birth?

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Mary PoolJuly 7,2023 at 1:25PM UTC
Well, I found answers all over the map on this one. I think you should ask an attorney who knows your state's laws.
You are working there. How do you think they will react? Will they hold it against you, or will they work with you? How long will your maternity leave be? How will the maternity leave affect the project? If it is very little, go for it; if it is a whole lot, think about it.
Consider the long-term. You like this company, and you want to be a full-time employee. Which path will get you there?
AnonymousJuly 9,2023 at 1:40PM UTC
The caveat here is, if u fully disclose your pregnancy the company knowing this can’t discriminate against you and has to recognize you will be on leave.
Employment at will could be used in some states but if a company does due diligence they will need to show cause should you challenge a termination.
AnonymousJuly 11,2023 at 3:17PM UTC
If they know she’ll not be able to complete it, they can decide to move on with someone who can. That’s life.
AnonymousJuly 9,2023 at 4:08PM UTC
Congrats on the pregnancy! If it's a 6 or 12 month contract, if this was going to be converted to FT it'd likely only be after the term is up, or after 1 or more renewals of that contract. So as long as you're in a right to work state it's fine for you to take the role, but you would need to have to be prepared for the possibility that you may have to resign the position when you have your baby. The employer wouldn't think twice about ending the contract early if there were budget cuts, so same right goes for you.
AnonymousJuly 10,2023 at 5:31PM UTC
As a consultant your only duty to a prospective client is to do the work you were contracted to do. I would not share your personal information unless the deadlines for delivery of the work will conflict directly with the baby's birth. They are not a direct employer so the rules of employment law do not apply.
AnonymousJuly 11,2023 at 1:49PM UTC
However as previous replies have noted, you can’t accept a fixed time contract knowing that you can’t meet the term obligation. They are planning to have someone working for the entire 6, 12 or whatever time the contract runs. Now while life is unpredictable and some thing could happen that would prevent that but this is a known fact. You’ll burn a bridge. Completely.
AnonymousJuly 11,2023 at 6:04PM UTC
She knows she can't complete the contract. Hiding her situation is lying.
AnonymousJuly 11,2023 at 12:30PM UTC
If you want ultimately want a full time role at this company why would you be dishonest with them? Everyone criticizes companies that don't do the right thing, it isn't any more acceptable when employees or potential employees do the same.
You already know you can't complete the assignment - it's unethical to pursue it, much less accept it without telling them the truth. It's a question of integrity.
AnonymousJuly 11,2023 at 1:34PM UTC
Yikes!
AnonymousJuly 11,2023 at 3:16PM UTC
Completely agree! Leaves companies scrambling and they usually give the work to some person without paying them extra.
AnonymousJuly 11,2023 at 1:24PM UTC
Wow, I could see why you’re so conflicted. First, I would like to congratulate you on your pregnancy! If you’re already with the company, then are protected employee and can be forthright about your pregnancy. I would approach by saying your interests in the project, your plan for completing the project and make them aware of your pregnancy. I would not however promise anything you can’t control. Your delivery is unknown. As much as you would like to plan it, you may experience a difficult, prolonged pregnancy or GF anything goes wrong to may need additional time. If it doesn’t work out then make it clear you would like the opportunity the next go around.
Coach Nancie Kay ShumanJuly 11,2023 at 2:54PM UTC
Talk to the hiring people regarding your currently being pregnant. Give them basic information about how long you believe that you will be able to keep working. Also talk to them about your desire to be part of the company. Really work on selling them on the idea that you are a perfect candidate, and why. If you can achieve that, then even if they are unable to offer you the contract position, you may be able to keep the door open for onward down the line.
Julie EJuly 11,2023 at 3:31PM UTC
Honestly if you really want to work for this company I would wait to pursue opportunities until after you’re back from having the baby, especially if it’s your first one. I worked as a contractor and my experience is you’re viewed as a disposable employee. They won’t be as understanding with you and it wouldn’t surprise me if they ended your contract when they found out you wouldn’t be around to finish the project they hired you to do. Plus, that may hurt your chances of getting a full time position later. One call to your agency is all it takes to end your employment. I know that sounds harsh but the world of contract work is. I always felt like a second class employee and would never do contract work again unless I was really desperate.
AnonymousJuly 11,2023 at 4:23PM UTC
pursue the job you want and do it for as long as you can—don’t disclose anything BECAUSE there is no way a company would ever hesitate to cut a contract short if they didn’t need you anymore so why in the world are you giving them more consideration than they would?? If you ever start to feel bad about leaving, envision the HR conversation that always happens when it’s the company doing the leaving. About how it’s not personal and just business or whatever. Very soothing.
AnonymousJuly 11,2023 at 6:06PM UTC
How does that help her if she ultimately wants a FT position with this company? Short term thinking is one reason why some people aren't valued as employees.
Susan MyersJuly 13,2023 at 1:44AM UTC
It will giver her exposure to the HR and management staff. I have been in HR utilizing interns, many times within the first 3 weeks I was told they wanted to hire the person as soon as they could. It also provides some work experience in the department, that will leave a lasting impression. She should also let it be made known, once they realize that she is pregnant, what she anticipates her timeline to be (without pressure),
As far as a contract is concerned even if it is for a year, there should be a statement on the requirements to terminate the contract, such as 30 day notice - this is standard.
Congrats and Good Luck!
Erica MitchellJuly 12,2023 at 5:23PM UTC
I would disclose that you're pregnant but state your strong desire to work for the company and why.
AnonymousJuly 12,2023 at 8:26PM UTC
Weigh the pros and cons! I have worked contract positions before. For example, one let me go several weeks before the contract was supposed to end (the first project was finished and the second project was canceled) It did not lead to a full time position, but did lead me to a full time position at another company with very similar work. The experience I gained at the contract job helped me to transition into the full time work I wanted.On the negative side, it could limit you from being considered from a full time position. For example, if they decide to hire another contract hire still with the company. You may also not qualify for benefits or medical leave you need during this time, not being a full-time employee. On the positive side, it may allow you to gain the experience you are seeking up until you need to leave the position. It may also help you to network and find references within the company. Since you are resigning, it may also allow you more "time off" after the pregnancy and allow you to go back to work on your terms rather than the standard 6-8 week limit most companies have. Biggest thing to keep in mind is that contract roles are unstable, they may not keep you for the full length of the contract, or they may string you along in a contract role for a looong time. Do what's best for you and your situation. Remember that you are the commodity! You have the skills and the know-how! They need you more than you need them!
Best of luck and congratulations!