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A colleague of mine has been working for a company for 10 months and she is now pregnant , she wants to leave the Company in 2 months time to take time off to have her baby . Should the Company pay her Maternity Leave ? the Company does not want to employ her after the baby is born.
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A colleague of mine has been working for a company for 10 months and she is now pregnant , she wants to leave the Company in 2 months time to take time off to have her baby . Should the Company pay her Maternity Leave ?

Well, I'm not sure why you're asking this on the "Retirement Investing" board, but the real question about whether or not the company should pay is "What are the company's maternity leave policies?" If the maternity leave policy indicates that someone who has been employed for 10 months is eligible for a 2 month paid leave, then the company should pay. If the company doesn't have a maternity leave policy, then they are remiss in not having one, and for this employee, they probably need to honor whatever she has been told in the past. Please note - local laws may have requirements for the company to pay maternity leave.

The fact that the company doesn't want to employ her after the baby is a whole 'nother issue, and if the Company does not want to employ her after the baby is born, I would suggest to the company that this attitude may be a lawsuit waiting to happen.

AJ
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I could not find a discussion board for employers or employees so I used the Investment Board felt it was the closest !! The lady in question works through PAYE on the monthly minimum wage that does not incur the Company tax. She has no contract as such - it is a small company she works for (just 4 employees). When she took the job the MD asked her if she was planning on having a baby to which she said no . The employer has spent 10 months training her now only to find she if off to have a baby and asking - can she please do the job from home . The work is book-keeping all done on computer - and the company does not want the data taken out of the office. Thanking you for you advise and is there a more suitable discussion board for such questions ? Please advise and thanking you in advance.
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Thanking you for you advise and is there a more suitable discussion board for such questions ? Please advise and thanking you in advance.

Is this in the US? Because I am not familiar with "PAYE" and when I google it, I come up with some UK and AU references. If it is in the UK, then the UK TMF boards would be more appropriate: http://www.fool.co.uk/?source=ihpftrlnk0000001

If it is in the US, I would suggest that the Parenting/Expecting Parents board might have some resources, or would be able to point you to the right place: http://boards.fool.com/Messages.asp?bid=112914

AJ
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When she took the job the MD asked her if she was planning on having a baby to which she said no .

This would be astounding if it happened in the US.

rad
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It is the UK but why would it be astounding ?
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It is the UK but why would it be astounding ?

Because in the US, it's illegal to ask the question.

joe
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What state is she employed in? There is this web site to reference:

http://www.dol.gov/esa/whd/fmla/

The main problem she may have is that the business isn't required to comply with the FMLA since they employ less than 50 people.

MZ4
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The main problem she may have is that the business isn't required to comply with the FMLA since they employ less than 50 people.

Actually, it's in the UK, so even if the business had 50 people, it wouldn't be required to comply.

Additionally, Federal FMLA does not require paid leave - only up to 12 weeks of unpaid leave, with the requirement that an equivalent job be offered upon return. (Some states may supercede the Federal regulations with requirements for paid leave.)

In this case, since the OP's colleague does not wish to continue to work in the office, but rather wishes to work at home, it's not necessarily an 'equivalent' job. So even if the OP's colleague were in the US, working for a company with over 50 employees, FMLA still would not provide any requirement for the company to allow the OP's colleague to work at home. So rather than saying that the company doesn't want to employ the OP's colleague after she finishes maternity leave, I would say that the OP's colleague doesn't wish to continue employment subject to the same conditions that she was hired under.

AJ
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