What happens if you get made redundant while on maternity leave?
If you were made redundant whilst receiving SMP, you should be treated as working the hours you used to work until the end of the 39-week maternity pay period. This means that you continue to be entitled to Working Tax Credit whilst you are getting SMP even if your job has ended.
Can you be made redundant when you return from maternity leave?
Can my employer make me redundant when I return to work from maternity leave? Yes, provided that: There is a genuine redundancy situation, which is not caused by the fact you have been on maternity leave.
Can you make someone on mat leave redundant?
If there is no suitable alternative vacancy, a woman can be made redundant during her statutory maternity leave provided the reason for redundancy is unconnected with her pregnancy or maternity leave and you have followed a fair redundancy process.
Can a company retrench you while on maternity leave?
The employer cannot retrench an employee while she is on maternity leave because they will not be able to consult with her in terms of Section 189 of the Labour Relations Act while she is on maternity leave.
What happens if you lose your job while pregnant?
If you are late to work due to morning sickness or a prenatal doctor’s appointment, you cannot be fired. It is important to note that in California, at-will employees can be fired for any reason. As long as the cause is not a direct result of your pregnancy, your employer is clear to fire you.
How would you deal with pregnant employees and those on maternity leave in a redundancy situation?
Offer any suitable vacancies to those employees on maternity leave. Consider if an employee will be entitled to receive statutory maternity pay, even if they are made redundant before it becomes payable. Provide a written statement of reasons for dismissal without waiting for a request for one.
Are you protected from redundancy when pregnant?
You cannot be selected for redundancy because you are pregnant, or for factors related to your pregnancy. For instance, time off because of pregnancy or your impending maternity leave must not be taken into account. The redundancy must still also be genuine. See our page on Redundancy.
Can I make my pregnant nanny redundant?
A nanny can be made redundant while on maternity leave if the job genuinely no longer exists. As with any redundancy situation a nanny should be offered any suitable alternative employment, e.g. as an after school nanny, before the vacancy is advertised elsewhere.
What is a section 189 retrenchment?
Section 189 of the Labour Relations Act (“LRA”) permits employers to dismiss employees for operational requirements. These are defined as requirements based on economic, technological, structural or similar needs of the employer.
Does maternity leave affect severance?
Pregnancy can impact severance amount The amount of severance will increase since pregnancy will likely hinder the employee’s ability to find alternative employment.
Can you be made redundant while pregnant?
You can’t be made redundant because you’re pregnant or on maternity leave. If you are on maternity or parental leave, and there is a genuine reason to make your role redundant, your employer must offer you suitable alternative work if they have it.
What benefits can I claim when pregnant and unemployed?
Income Support If you don’t qualify for Maternity Allowance or Statutory Maternity Pay, are unemployed and can’t look for work, or on a low income, you might be able to claim Universal Credit while you’re pregnant. Use the benefits calculator from Turn2us to see what you might qualify for.
What happens if you get redundancy during maternity leave?
If you are made redundant during your maternity leave, regulation 10 of the Maternity and Parental Leave etc Regulations 1999 (see extract below) states that a woman on maternity leave must be offered a suitable alternative vacancy, if one exists, as soon as her post is at risk of redundancy.
Do you get shared parental pay if you are redundant?
If you are made redundant during your shared parental leave and you are receiving Statutory Shared Parental Pay, you can continue to be paid it for the remaining period of leave that has been booked unless you start a new job.
Can You terminate an employee while on maternity leave?
In addition, employees who are on maternity leave must not even be served with notice of termination. Simply put, a redundancy while on maternity leave is against the law. You can’t terminate an employee’s contract of employment during a period of maternity leave or any additional amounts.
How does Regulation 10 protect employees on maternity leave?
The EAT said that regulation 10 ‘protects those on maternity leave in preference to those still working’ and that the employer must offer a suitable alternative role (if one exists) not just send details of a vacancy and invite an employee on leave to apply for it.