Pregnancy/Maternity Questions

[formant]

Hi there, I'm new - new to the forum and new to contracting. I have been googling for ages and have read some related threads on this forum, but haven't found one that really mirrors my circumstances. Feel free to link me to previous threads if this does look like a repeat though.

Background: I work in a highly specialised field, which requires qualifications and experience that are very rarely found in the world of Software. This means I have little competition but there are also next to no jobs in my field, let alone near me. I recently won a 12 months contract with a large global organisation. This contract is likely to be extended for a few years. In the UK I will be the only one doing the job I do and I will not be easy to replace (particularly after they've sent me off to the US for training all expenses paid, which they're doing in my first week).

I will be 23 weeks pregnant on my start date. Of course I didn't mention that during my interview. In fact, it's not all that noticeable. I don't forsee this to be an issue interfering with my work. I will be almost exclusively working from home, and at least initially the contract is part-time and somewhat flexible regarding hours of work.

I do not intend to take maternity leave. I am aware that, although from previous employment I'd be eligible for Maternity Allowance, I have no employment rights and would lose the contract if I did. I have no interest in being off and all that matters to me is that I keep this contract, as it's absolutely perfect for me. I've already sorted out post-birth childcare.

Question 1: For normal employees it is mandatory to take 2 weeks off following birth. Is this mandatory for contractors too? The nature of my work doesn't make it necessary that I do, but if I have to I'll cover that with holidays, if the client/the agency/my umbrella company object to me claiming 2 weeks of actual maternity leave.

Question 2: For normal employees it is mandatory to inform their employer of the pregnancy 15 weeks before the due date - so at 25 weeks. Is this mandatory for contractors, too, or could I wait a bit longer? I'd prefer to make sure I'm absolutely indispensable before I bring it up.

Question 3: In what order do I tell my line manager/the client, the agency, my umbrella company? Who should know first? Who needs to know at all?

I'd really appreciate your input. Apologies if this got a bit lengthy/complex.

[northernladuk]

For a start I think it is a bit ridiculous not telling your client when he is going to jet you off long haul. Although I know there is little risk flying while pregnant I think it would be uttely negligent of you to hide this from the client. He has insurances etc to think of.

You need to look at this first and foremost IMO. The whole being devious about it thing isn't v clever IMO but to hide it from a client when going long haul is just a bit gob smaking really.

EDIT : And I am sure what you say about you being niche is true but no one is irreplaceable. You could be the last person on earth that can do this but a client isn't going to take kindly at all to devious dealings.

EDIT 2 : Ok I will stick my neck out here and say what I was thinking.. Surely if you are with an umbrella you are a normal employee now??

[formant]

Considering that the client insist I sort out my own insurance for this trip, I really don't think it's negligent. If within any employment I have the right to keep quiet until 25 weeks, I certainly can't be expected to disclose earlier in de-facto self-employment.

The client, just like any employer is simply not legally liable for issues relating to my pregnancy until I've officially informed them of that. I doubt the client is even liable after I disclose.

I understand that my relationship with my umbrella company is basically mirroring normal employment, but that doesn't answer my queries regarding the client or the agency.

I also understand that as a pregnant woman I am at high risk of discrimination - justifiably so or not. I don't consider my contract 'safe', hence me trying to go about this the right way. Having rare expertise is as much a blessing as it is a curse - I may be hard to replace, but no doubt to me this contract is just as hard to replace.

I'm not entirely sure what 'devious' about my plans. My pregnancy isn't going to impact on my ability to do this job, this isn't a situation of taking a job and then buggering off for a year after 3-4 month (funnily enough, that's a scenario that's easy to find all over the web).

I'm not going to be apologetic for intending to considerably contribute to my family's household income and not take a year off to be a stay-at-home mother.

[b0redom]

Not taking at least a little time for maternity is dumb. I presume you're a 1st time parent. Even as a Dad I was like a walking zombie for weeks afterwards.

I also reckon it's a bit harsh not telling the client. If you were 2 months gone or whatever, you could argue you didn't know, but you're clearly taking the piss.

I personally would tell the client, and let them know you'll be taking a few days for maternity, but you intend to continue to work. Assuming that you are as valuable as you say, you can work remotely, and at whatever times you like, you may find they don't care.

At the end of the day IT is a very small world, I regularly find myself with the same people, and you are potentially creating a bad name yourself in a much smaller market than I'm in.

[MyUserName]

To be honest, the idea of intentionally withholding information from an employer leaves a bad taste in my mouth. They are hardly going to be over the moon when they find out they were tricked.

Also, are you intending to work all the way up to your due date? That might not be feasible after a few months, my wife found concentration etc very difficult towards the end of her pregnancy and in her second she had 9 months of morning sickness which would have made working difficult. Even if you work from home surely they will want to see you at some point?

Question 1: For normal employees it is mandatory to take 2 weeks off following birth. Is this mandatory for contractors too? The nature of my work doesn't make it necessary that I do, but if I have to I'll cover that with holidays, if the client/the agency/my umbrella company object to me claiming 2 weeks of actual maternity leave.
IMHO If you are with an umbrealla then you are an employee of a company so the law will still apply to you.

Question 2: For normal employees it is mandatory to inform their employer of the pregnancy 15 weeks before the due date - so at 25 weeks. Is this mandatory for contractors, too, or could I wait a bit longer? I'd prefer to make sure I'm absolutely indispensable before I bring it up.
IMHO you are an employee of the umbrella company so you would need to tell them.

Question 3: In what order do I tell my line manager/the client, the agency, my umbrella company? Who should know first? Who needs to know at all?
IMOH you need to tell the Umbrella, after that I would have thought the choice is yours.

[Kanye]

I really don't think its ethical or good business to take a 12 month contract and not disclose the fact that you'll be having a baby in three months time.

If your skills and the relevant opportunities are that niche, be straight up with them and you may be able to keep the working relationship open.

[northernladuk]

Considering that the client insist I sort out my own insurance for this trip, I really don't think it's negligent. If within any employment I have the right to keep quiet until 25 weeks, I certainly can't be expected to disclose earlier in de-facto self-employment.

The client, just like any employer is simply not legally liable for issues relating to my pregnancy until I've officially informed them of that. I doubt the client is even liable after I disclose.

No company is going to go for that excuse. If you fall seriously ill or something terrible happens the company will want to know exactly what the situation is beforehand, whether your insurance covers it or not. Everyone is so afraid (and quite rightly so) of being sued and if the company has a hand in flying you half way around the world I am sure there is some legal obligation somewhere to advise them of any serious condition which could put them and you at risk. If not legal, common sense would dicate it. The 'might not' be legally liabable but that isn't going to stop some claim company jumping all over them and costing them a lot of money over an issue that was unfairly withheld from them.

[formant]

To be honest, the idea of intentionally withholding information from an employer leaves a bad taste in my mouth. They are hardly going to be over the moon when they find out they were tricked.

Not disclosing pregnancy prior to signing your contract is the default advice given on the matter (it's for example what the job centre will tell you to do as well as most HR professionals. I'm not 'tricking' anyone. To be honest, it's not like I've had a situation whereby I could have appropriately disclosed my pregnancy so far, without assigning an unproportional amount of relevance to the matter.

Also, are you intending to work all the way up to your due date? That might not be feasible after a few months, my wife found concentration etc very difficult towards the end of her pregnancy and in her second she had 9 months of morning sickness which would have made working difficult. Even if you work from home surely they will want to see you at some point?

Considering it's part-time, pretty flexible time-wise, and predominantly home-based I think it's more do-able than most jobs.
While I realistically expect the last few weeks to be tough, I don't think heavily pregnant people are usually entirely housebound. Past 12 weeks I've been physically more than fine.

Question 1: For normal employees it is mandatory to take 2 weeks off following birth. Is this mandatory for contractors too? The nature of my work doesn't make it necessary that I do, but if I have to I'll cover that with holidays, if the client/the agency/my umbrella company object to me claiming 2 weeks of actual maternity leave.
IMHO If you are with an umbrealla then you are an employee of a company so the law will still apply to you.

Question 2: For normal employees it is mandatory to inform their employer of the pregnancy 15 weeks before the due date - so at 25 weeks. Is this mandatory for contractors, too, or could I wait a bit longer? I'd prefer to make sure I'm absolutely indispensable before I bring it up.
IMHO you are an employee of the umbrella company so you would need to tell them.

Question 3: In what order do I tell my line manager/the client, the agency, my umbrella company? Who should know first? Who needs to know at all?
IMOH you need to tell the Umbrella, after that I would have thought the choice is yours.

Thanks for your advice regarding my questions. Makes sense.

Not taking at least a little time for maternity is dumb. I presume you're a 1st time parent. Even as a Dad I was like a walking zombie for weeks afterwards.

If it works for everyone involved I'd like to take the first 2 weeks off (be that as 'maternity leave' or 'holiday' and work fewer hours for at least another two weeks thereafter. My other half works flexibly too, so I'm not going to be on my own here. I'll also have my mother here weeks 2-6 at least (allthough I predict that in itself may cost me more nerves than the newborn ). Don't worry, I'm not completely oblivious to the challenge ahead, but I find it preferable to being an umemployed stay-at-home mom.

I also reckon it's a bit harsh not telling the client. If you were 2 months gone or whatever, you could argue you didn't know, but you're clearly taking the piss.

I'm not sure when I should have told them, as the general consensus in recruitment seems to be to not disclose during the interview. I too would have preferred to have won this contract a lot earlier.

I personally would tell the client, and let them know you'll be taking a few days for maternity, but you intend to continue to work. Assuming that you are as valuable as you say, you can work remotely, and at whatever times you like, you may find they don't care.

That's what I'm hoping for, which is why I am so concerned with addressing the matter the 'right' way. (Unfortunately disclosing at the interview stage is only the right way if you intend not to get hired).

At the end of the day IT is a very small world, I regularly find myself with the same people, and you are potentially creating a bad name yourself in a much smaller market than I'm in.

Good point in theory, but I don't intend to cause issues. At the end of the day, I won't let my pregnancy interfere with my work - which means that as long as I make my work stand out, I'm not going to only be remembered as the one who was pregnant when she started. That will soon enough be completely irrelevant.

I really don't think its ethical or good business to take a 12 month contract and not disclose the fact that you'll be having a baby in three months time.

If your skills and the relevant opportunities are that niche, be straight up with them and you may be able to keep the working relationship open.

If it's so unethical, why is it the default advice to not disclose pregnancy at the interview stage? Maybe because it's more unethical to discriminate when given the chance.

As far as being 'straight up' - I'm not at all intending to wait till the last minute to disclose, I'm merely trying to find out what guidelines apply to contractors, as the only readily available information out there is geared at normal employees. If I don't find any information to the contrary, I shall disclose at 25 weeks, as I would do in any job.

No company is going to go for that excuse. If you fall seriously ill or something terrible happens the company will want to know exactly what the situation is beforehand, whether your insurance covers it or not. Everyone is so afraid (and quite rightly so) of being sued and if the company has a hand in flying you half way around the world I am sure there is some legal obligation somewhere to advise them of any serious condition which could put them and you at risk. If not legal, common sense would dicate it. The 'might not' be legally liabable but that isn't going to stop some claim company jumping all over them and costing them a lot of money over an issue that was unfairly withheld from them.

What 'excuse'? The fact that they're not liable? Surely I'd be the only to decide to pursue legal action if something did go wrong, and it's not like I would. As far as 'something terrible happening' - 'something terrible' could happen to anyone at any time. They're only sending me away for a week, chances of something going wrong during that time are pretty slim.

They also didn't give me an opportunity to make any such disclosure to the client considering they booked my flights before I even signed any contract. As long-term contractors you should be aware that you don't have a lot of direct client contract prior to starting and I'm not going to dump this on my agent to sort out for me.

[northernladuk]

If it's so unethical, why is it the default advice to not disclose pregnancy at the interview stage? Maybe because it's more unethical to discriminate when given the chance.

As far as being 'straight up' - I'm not at all intending to wait till the last minute to disclose, I'm merely trying to find out what guidelines apply to contractors, as the only readily available information out there is geared at normal employees. If I don't find any information to the contractor, I shall disclose at 25 weeks, as I would do in any job.

You are employed by an umbrella.

[Sockpuppet]

I will be 23 weeks pregnant on my start date. Of course I didn't mention that during my interview. In fact, it's not all that noticeable. I don't forsee this to be an issue interfering with my work. I will be almost exclusively working from home, and at least initially the contract is part-time and somewhat flexible regarding hours of work.

Have you had children before? Unless you have a lot of help ready to hit the ground running I think your being a bit naive if you think a newborn and work is possible. At least for the first few weeks - especially if you have a c-section or similar issues.

Question 1: For normal employees it is mandatory to take 2 weeks off following birth. Is this mandatory for contractors too? The nature of my work doesn't make it necessary that I do, but if I have to I'll cover that with holidays, if the client/the agency/my umbrella company object to me claiming 2 weeks of actual maternity leave.

Yes. I'd be very surprised if your client let you complete work for them during this 2 weeks. Also the umbrella would be breaking the law if they let you so would very likely not allow you to submit billable time during this period. The risks for them just aren't worth it.

Question 2: For normal employees it is mandatory to inform their employer of the pregnancy 15 weeks before the due date - so at 25 weeks. Is this mandatory for contractors, too, or could I wait a bit longer? I'd prefer to make sure I'm absolutely indispensable before I bring it up.

Your employed by your umbrella so you need to tell them. All you could possibly lose is your right to maternity leave, then again the Umbrella isn't your agency so they won't be inclined to tell the client (why would the umbrella care or not) and if they did you could hold them in breach of data protection.

Question 3: In what order do I tell my line manager/the client, the agency, my umbrella company? Who should know first? Who needs to know at all?

Umbrella when convenient. Chat with Agency to give them heads up when line manager.

I also understand that as a pregnant woman I am at high risk of discrimination - justifiably so or not. I don't consider my contract 'safe', hence me trying to go about this the right way. Having rare expertise is as much a blessing as it is a curse - I may be hard to replace, but no doubt to me this contract is just as hard to replace.

I'm not entirely sure what 'devious' about my plans. My pregnancy isn't going to impact on my ability to do this job, this isn't a situation of taking a job and then buggering off for a year after 3-4 month (funnily enough, that's a scenario that's easy to find all over the web).

I'm not going to be apologetic for intending to considerably contribute to my family's household income and not take a year off to be a stay-at-home mother.

I'm not going to tell you what to do but consider the following:

a) you don't have employment rights. The client could tell you to leave the moment you tell them. You need to keep them on side, waiting till the last possible moment doesn't do that for me.
b) If its a niche skill I'm assuming not that many people need it so consider the impacts of being "that person" - your only as good as your last job. Getting asked to leave because the client wasn't happy with you isn't a good way to start.

The only bit I'd take cause with in the above is the "My pregnancy isn't going to impact on my ability to do this job", which is very greatly in your opinion. Remember this is a business to business relationship. Your client will weight up the risks of keeping you vs terminating you the one with the lowest risk wins. You may think it won't affect you, the client may have other ideas and at the end of the day they are the only opinion that counts.

For me going to your client early and saying "i'm pregnant, but here is a plan of how I intend to manage it. I've got xyz in place and it won't affect the work. We have lots of time until this lets work through it" is better than saying "oh, btw I'm pregnant giving birth in 14 weeks. Yes I did know for ages but I thought I'd keep quiet until after you'd paid for that training course. Cheers"