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Old 07.03.2011, 14:07
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Re: Minimum work time before maternity leave?

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Without knowing more about the circumstances (how long was she working there for example? was her being sacked truly earned?), off the bat of course the answer is "no". But as you hinted at yourself, I'm pretty sure this sort of case comes up far less often than equally unfair examples in the other direction.
She had been working about 3 years i believe, but as i said even she agreed her sacking was justified. The reuslt was that because she was sacked, as she admits, justifiably, the employeur ended up paying 16 months salary (plus the associated social costs...)
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  #22  
Old 07.03.2011, 14:56
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Re: Minimum work time before maternity leave?

Ever notice it's always the guys willing to fight and die for personal freedom yet when a woman expresses an opinion about what to do with her own body they suddenly become fascists ( You can't! You shouldn't! You mustn't!)?
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  #23  
Old 07.03.2011, 15:55
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Re: Minimum work time before maternity leave?

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Ever notice it's always the guys willing to fight and die for personal freedom yet when a woman expresses an opinion about what to do with her own body they suddenly become fascists ( You can't! You shouldn't! You mustn't!)?
I don't think you can call me a fascist just because I say that if you change jobs when you are already pregnant (not just trying for a baby) then it is only fair to tell the employer. Same as the guy who needed an operation should have played fair and told them up front.

If you tell them at the interview and explain it then fair enough, but don't be underhand. That is all I'm saying. Every woman has the right to have children and the right to a career, I don't think anybody here is disputing that. We all slag off our employers when they tread on our toes, but sometimes we ask for it when we give it back.
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Old 07.03.2011, 17:11
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Re: Minimum work time before maternity leave?

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If you tell them at the interview and explain it then fair enough, but don't be underhand.
Doesn't that make the assumption that a potential employer would "play it fair" too, and base the employment decision only on the person's skills rather than short/medium-term "complications"?

Just sayin'...
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Old 07.03.2011, 17:17
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Re: Minimum work time before maternity leave?

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Doesn't that make the assumption that a potential employer would "play it fair" too, and base the employment decision only on the person's skills rather than short/medium-term "complications"?

Just sayin'...
I would not employ a woman who was pregnant, same as I would not employ a man who was going to be off for some length of time if they told me up front. I would go with a candidate that fitted the job equally as well and who I could rely on, especially if was small business.

I am female but political correctness has gone haywire when it coms to situations like this.

It is just the way it is - women have babies - but companies also need to be protected - how does a small company cope if they employ someone who is already pregnant? If an employee falls pregnant after being employed then all rights are on the mother - but I think a woman taking a job knowing she is pregnant is very underhand
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Old 07.03.2011, 18:22
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Re: Minimum work time before maternity leave?

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I want to find a new job because my current employer is driving me nuts.
Would it be possible to stay at the current position until you well and truly are with child, and then work the mandatory amount of time to ensure maternity benefits during pregnancy? You could then plan your leave date including notice period to fall during your maternity time off. I don't know if that is morally much better than the original idea, but would at least keep your next employer from shouldering the burden such a short time after the getting-to-know-you period.

I wish you much luck and success on both the job and baby fronts in your future.
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Old 07.03.2011, 21:13
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Would it be possible to stay at the current position until you well and truly are with child
That's fine if you can just get pregnant whenever you feel like it but until you start trying you have no idea whether it will take a month or years to conceive. Why put your life on hold either career or family wise if you feel you could manage both? Unfortunately legislation is black and White but life is not.

If I were the OP I would be trying for both a baby and a new job and seeing what comes first, and if the job then I might wait a little while to settle in but it would depend on the organisation and colleagues, and what else I could do to minimise the impact of a maternity absence. But ultimately I don't go to work for the benefit of my employer but for me and my family.
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Old 08.03.2011, 08:54
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Re: Minimum work time before maternity leave?

This should answer most of your questions - it is illegal to fire you when you are pregnant. During your probation period, they can fire you for any reason, but not because you are pregnant. It follows therefore that once you are in employment, you qualify for all maternity benefits.

The question of how long you have been in employment is only relevant if you are jobless (eg., have left old job, got pregnant but have not found a new one) - you can claim a % of your salary for the compulsory maternity leave period. This is also explained in the link that Lou provided.
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Old 08.03.2011, 15:33
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Re: Minimum work time before maternity leave?

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The attached link has all the legal stuff regarding maternity leave. If anything is still not clear you can contact them directly for more advice. http://www.travailsuisse.ch/de/syste...foM_e_webA.pdf
This is the most useful post in this thread. Here's a quote from the pdf: "If you apply for a job, questions such as: «Are you pregnant?» or «Do you want to have children soon?» are not permitted by law. This means that you can refuse to answer the question and if necessary you have the right to lie."

No wonder, since a woman trying to find information and planning a family BEFORE getting pregnant gets such presumptuous response...
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