Pregnant and role elimination

25 Comments

1. AnonymousOctober 1,2024 at 5:43PM UTC

   Consult a labor attorney because you might have some ability to get more $ from your former employer if they broke the law. Pregnancy is protected in some areas.

2. AnonymousOctober 1,2024 at 7:03PM UTC

   You options are find another role or negotiate your exit from the company. If you don't feel comfortable negotiating a package, I would consult an employee attorneys to understand your position .

3. AnonymousOctober 2,2024 at 12:50PM UTC

   Was just your role eliminated? Or is this part of a wider layoff? I was in this situation once while on maternity leave, and another time while pregnant. Unfortunately it was legal both times because it was part of a larger reduction in force. The first time during my maternity leave, I actually did find a new role at the company within those 60 days and was able to stay at the company. The second time there were no roles available, and HR offered to keep me an employee for a couple extra months through the severance, so that I could maintain my health insurance coverage through delivery. I was already on my spouses health insurance though, so it was more beneficial for me to get severed, and then apply for state disability for my maternity leave, and state bonding leave benefits. Research what is available in your state. You may find it is better for you financially to be severed when you have your baby so you can get your full severance and then full disability benefits. And best of luck finding a new role! The good companies i spoke with didn’t care that I was 36 weeks preggo and couldn’t start right away, as they were hiring with the long term in mind.

4. v owusuOctober 2,2024 at 1:50PM UTC

   Thank you for the feedback. Yes, it was company wide layoff. What I am trying to see if I can still get my 3 months maternity leave pay since I will be due before my 60 days is up.

5. Jenn EtheridgeOctober 2,2024 at 6:53PM UTC

   Usually no, but if I were you I would try to negotiate that they add the maternity leave to any severance you’re getting. Get it as a lump sum, and then once severed, apply for state disability if your state offers it.

6. AnonymousOctober 3,2024 at 1:05PM UTC

   what country r you in?

   Role elimination - what was the reason eg budget cuts or performance? Did you feel pushed out??

   (1) Push back - use your consultation period to ask questions around the selection process and if upcoming pregnancy / material was a factor in you being selected. Options to remain in company / area eg downgrade or salary cut for example ... if you have a lawyer later this will serve as evidence

   (2) Internal Mobility Support - get List of open roles and redeployment services now like Cv reviews, interview prep, speak to recruiters (internal and external), find out if any hiring freezes

   (3) if at risk and in consultancy period (not notice period ).... consider raising a formal grievance - if it is open and/or w sick leave to pause your clock

   (4) if at redundancy- u serve your notice period regardless if u are in sick leave so might have less options

   (5) if you are in UK - go to your GP and get a sick note for stress, look up Equality Act 2010 get legal advice

   (5) if you are in US - get a sick note and legal advise to negotiate your exit package

7. AnonymousOctober 3,2024 at 3:46PM UTC

   Look for a new role in the company, that is your option. If not, you will have no role after your position has been officially eliminated. What you can do, and advise to get this in an email, is to ask, if I wait until after I have my kiddo would you be eligible to be considered at that time? Get that approval in an email. If you can secure a role prior to leaving for LOA - Maternity, this may be a good option. NOW, also please understand that if you are offered severance and accept, and you want to return and they allow that you may have to payback any unused severance portion or all, learn that too.

8. maria roseOctober 3,2024 at 5:57PM UTC

   First, realize that your pregnancy has nothing to do with the elimination of your job classification. You do need to clarify why the company is downsizing and eliminating certain job positions especially in today’s workplace market where companies are lowering the number of employees in redundant positions to save labor costs. The OP is being given a chance to switch to a position to maintain employment with the company and there is no guarantee that the job is anything more than a job. It sounds like the OP needs to have a job to return to after the leave of absence ( under the terms of maternity leave/FLMA, etc) which is why they are hesitant about what they should do because their immediate ( within a few months) future is giving birth and going on leave.

   it is good that the company values this employee enough to give them the opportunity to choose how they want to handle the change in position at work rather than leaving them uninformed and they come back ( if that’s their intention) to work after the leave to an unknown position which technically qualifies as covering the employer’s obligation to keep a position available for the employee to return to after a leave of absence. So given that this person has 60 days to do this change, if they want to stay employed by this company, they should explore the options available. If they don’t/want to work at any of the options available, they will still have the leave of absence option and the severance option and when ready to return to work ( which is also not completely determined in a set date yet) they will have found or be searching for a new job better suited to the needs of their life arrangement with having a child. The decision, based on the information given by the OP, should include the stability of more stable financial income earning, since the OP needs to have income from earnings to survive.

9. AnonymousOctober 5,2024 at 2:03PM UTC

   By law you have 6 to 18 months to recover from given bird to a child. If you are dismissed from work at the time you are having your baby, you have the right for those months to be with your baby. You can sue the company if they reject your rights.

   Good luck.

10. Leigh JonesOctober 5,2024 at 2:50PM UTC

    Since OP didn’t state her location, be aware this is absolutely not the law anywhere in the US,

11. Kris WolframOctober 6,2024 at 3:01AM UTC

    You get up to 12 weeks for the birth and another 12 weeks for baby bonding.

12. AnonymousOctober 6,2024 at 1:53PM UTC

    Please do not take legal advice from unvalidated sources on the internet. Laws will vary based on your state, but generally within the U.S., if your position has been eliminated, so too are your benefits, which includes any maternity leave or other health payment. Some companies have more generous severance policies than others, and some companies will make exceptions for extreme situations like this. However, legally, they typically do not have to.

    I would pay the money to consult with an employment and labor attorney to understand your options and review your paperwork in case there is a chance of a different scenario.

13. AnonymousOctober 5,2024 at 2:43PM UTC

    Not everything is trying to hurt a employee. If anything would be considered sus its a person who knows the job market and economy is not in the best of shape, they get pregnant and then expect job security as if they are the exception to the rule of everything going on. They are nice enough to say find another role within the company. What's crazy is if she does then they would still have to accomadate her in a new role cause of maternity leave so she essentially will be a hinderance and they would have to do double the work until she comes back and wait till she has to get up to speed. You are looking at may or june of 2025. Now how fair is that to the company and a person who needs or could do the job as well as future co workers who need the extra person but have to wait till she comes back and hopes she gets up to speed. Now thats sus

14. Milissa JacobsOctober 5,2024 at 2:51PM UTC

    while you are on maternity leave, your company must provide you with a position with similar pay when you return.

15. Neha SinghOctober 5,2024 at 3:00PM UTC

    Same happened with me assuming that I stay in a nuclear family and with twins it will be difficult for me to manage . So basically self assumption that I will not be be able to deliver without having any discussion with me and still no clarity

16. Kris WolframOctober 6,2024 at 3:01AM UTC

    No, her job was eliminated. However the company could honor the leave for the time

    she is protected. Company policy dictates whether it is paid.

17. Julie WozniakOctober 7,2024 at 12:36PM UTC

    Yes, unless there is not one. Then the employee could be severed.

18. Milissa JacobsOctober 8,2024 at 2:51PM UTC

    but the company would have to give the employee the option of accepting a different position.

19. Julie WozniakOctober 11,2024 at 12:20PM UTC

    If there is one available. There may not be, AND the employee may not accept a position with similar pay upon return.

20. Milissa JacobsOctober 11,2024 at 10:35PM UTC

    In your scenario, she is going to be let go. In mine, she is working in a different area.

21. AnonymousOctober 6,2024 at 12:36PM UTC

    Company is downsizing, most likely due to financial issues.

    Your role is legally being eliminated. (This is well within your employer's right to do so.)

    You have the option to find another role within your company.

    Instead of listening to all these armchair lawyers, either find another job within your company or accept your faith and move on.

    All these armchair lawyers have no clue when it comes to what they're talking about and following their uneducated advice just makes lawyers rich.

22. Julie WozniakOctober 7,2024 at 12:34PM UTC

    Exactly. Your role will be eliminated regardless of your pregnancy - nothing "protects" that, and yes, this is well within your employer's rights.

    If you have been given dates and November 30 is the "last day" of your current role, and you go on leave before that date, your job is technically protected until your return to work - NOT your position or role. If an equivalent position is not found for you upon your return, you could be severed at that time.

23. WandaOctober 7,2024 at 3:33PM UTC

    Agreed. It's best not to hesitate on this matter.

24. John HerndonOctober 6,2024 at 12:43PM UTC

    Did you tell them you were pregnant? If so, you may be entitled to some protection.

25. DikhitaOctober 8,2024 at 11:53AM UTC

    I'm sorry to hear about the challenges you're facing, especially with your role being eliminated while you're expecting. Here's a strategy that can help you navigate this situation effectively, while keeping both your well-being and career intact.

    1. Leverage Maternity Rights:

    Most companies are legally bound to protect pregnant employees under maternity leave policies. Since your due date is November 22 and your employment is expected to end November 30, you should be eligible for maternity leave. Here’s how you can approach it:

    Confirm your eligibility for maternity leave with HR. Make sure they understand your situation. Most countries or organizations have regulations that protect employees from termination during maternity leave.

    Request an extension of employment based on your maternity leave eligibility. This can give you more time to explore internal opportunities once you return.

    This would buy you extra time, keeping your job intact while allowing you to focus on your health and baby.

    2. Explore Internal Opportunities:

    Connect with HR and express your interest in finding a suitable role within the organization that aligns with your skills. Since you have 60 days, start networking internally and applying for roles that suit your qualifications.

    Leverage your maternity leave to extend the timeframe to secure a new role. HR might even offer additional support since you’re in a unique situation.

    3. Consider a Flexible Transition Plan:

    Given your due date and upcoming responsibilities as a mother, it might make sense to explore flexible or part-time roles within the company. Many organizations offer such positions, especially after maternity leave.

    4. Keep the Conversation Positive:

    While having discussions with HR or your manager, maintain a positive tone and emphasize your loyalty to the company. Highlight how you'd like to continue contributing after your maternity leave. This shows commitment, even as you go through a personal milestone.

    5. Utilize Employee Assistance Programs (EAP):

    Many companies offer support for employees during times of transition. Use these resources for guidance on finding roles internally or managing your maternity leave efficiently.

    Summary:

    Confirm your maternity leave rights and use them to buy time.

    Actively apply for internal roles and engage with HR.

    Be open to part-time or flexible roles post-maternity.

    Keep communication professional and positive.

    By doing this, you can reduce stress, protect your health, and create a more secure future for yourself and your baby.