Mat leave and raises

[Rathji]

I tried looking at the EI website but I couldn't pick out if there were any rules that cover this.

My wife went on Mat leave in August last year and has since returned to work.

The company where she works does yearly reviews and raises in September so last year she didn't get a raise. Now fast forward to this year and they are doing reviews again this coming September. She has been informed that they won't consider her for a raise because she hasn't been working for 6 months.

Shouldn't mat leave give her some sort of protection from being screwed like this? Seems like massive discrimination against women who are trying to have kids and return to work. I can understand not giving her both raises since she wasn't actually working. If she had had the baby a month later the review would have been done, and she would have had her raise.

Any thoughts?

[Table 5]

Fair or not, the reality is that maternity leave is bad for business. Having employees come and go can be a giant pain in the ass for an employer in terms of efficiency and money. It disrupts flow as they have to find/train replacements (and probably pay more for freelance/short-term hires), and probably still pay all the benefits for the person who is on leave....all while getting nothing in return.

Definitely sucks for women, and in the end it probably hurts their careers, but I don't necessarily blame employers for not liking it. I don't think anyone necessarily deserves a raise, especially when they weren't really there to earn it for the whole year. At the end of the day, you're there to work for them, not the other way around. If you don't agree, time to find a place that is more suitable.

[JiriHrdina]

Why would she deserve a raise when she hasn't worked?

[MJM]

WHat's wrong with that? She didn't work, didn't contribute to the bottom line, and it wasn't possible for them to evaluate her performance in that particular year. I think your expectations for maternity leave are a little skewed. I highly doubt there would any legislation against what the company did. They've met all their obligations. If she likes her job and there's future for potential career growth within it, you may want to leave it be. Can't see a company looking to kindly at that considering they just covered her mat leave.

You'd probably have a case if there was another person in similar circumstances who got race. But if not, why rock the boat?

[Pinner]

Rathji:

If they wanted her to give her a raise, they would.

[Starfishy]

I don't know the particulars on timings here. But if it was my wife, I might make the case depending on how long she was actually at work.

For example if she has been at the workplace for 12 month since her last review she is entitled the same as any other employee. If she is within a month or two from this review it might be worth challenging as well.

I don't see why a company that has yearly reviews/raises could miss her review two times if she was just gone for 12 months of mat leave.

This could just be a manager not paying attention enough to realize that your wife did indeed work for almost 12 months before her mat leave and has been working for over 12 months since her last review.

It would surely pay to be very tactical and less emotional while dealing with this issue.

[DOK]

No one is really entitled or assumed to be given a raise, no matter what their circumstance. People assume that they will get one after x amount of time at a job, but it's not always the case, especially in this economy. You could consider a cost of living raise, but that amounts to less than nothing after taxes, and even that isn't a requirement.

[Jbo]

She did just get paid from the company for a half a year without doing work...kinda nice benefit in itself

[Sidney Crosby's Hat]

Originally Posted by J-bo09

She did just get paid from the company for a half a year without doing work...kinda nice benefit in itself

If you go on mat leave, you just collect EI, I think?

[Jbo]

Originally Posted by Sidney Crosby's Hat

If you go on mat leave, you just collect EI, I think?

I thought EI paid some and the company paid a bit (please correct me if I'm wrong). I think it has a variation where EI pays x amount of wage and the employer can supplement.

Plus you pay for it in deductions.

I think the company has to guarantee to hold your position or one in similar capacity. Still major pain in the butt to get new hires and train them only to have that position disappear. Not to mention most women get pregnant more then once in a career.

Long story short...just be happy she has a job after all that time off...there are many who do not have that luxury

[ma-skis.com]

did she get a yearly review for the year she did work immediately prior to her leaving on mat leave?

sounds about right, if she just started this august again, they can't really review the last year of work, but it's reasonable to assume that a review on the last year she worked....

I doubt that mat leave really protects her from not receiving raises though, you can really only be evaluated for work you've done.

although, I do agree with pinner, if they wanted to give her a raise they would.

[Sidney Crosby's Hat]

Originally Posted by J-bo09

I thought EI paid some and the company paid a bit (please correct me if I'm wrong). I think it has a variation where EI pays x amount of wage and the employer can supplement.

Plus you pay for it in deductions.

I think the company has to guarantee to hold your position or one in similar capacity. Still major pain in the butt to get new hires and train them only to have that position disappear. Not to mention most women get pregnant more then once in a career.

Long story short...just be happy she has a job after all that time off...there are many who do not have that luxury

Legally, the employer doesn't have to give you any more than just guaranteeing your job (or a similar one) will be there when you return.

That's not to say that some companies (or perhaps unions) may offer to pay you while on mat leave as an additional benefit.

[Sylvanfan]

With my wife she could only collect EI during her maternity leave. Than again she had a casual position with a health care job that was part of Interior Health in BC.

[ma-skis.com]

Originally Posted by J-bo09

I thought EI paid some and the company paid a bit (please correct me if I'm wrong). I think it has a variation where EI pays x amount of wage and the employer can supplement.

depends on the employer, mostly the gov't pays the Mat Leave, and only up to a max of something around $1600 a month. If you got a nice company that values the return of their employees though, they may offer top up or some variation of this to help encourage employees to return to work.

Originally Posted by J-bo09

I think the company has to guarantee to hold your position or one in similar capacity.

Depends on the type of work and contract benefits they have in place for the employees. If your workplace doesn't guarantee that itself, it's not required to promise a position for you when you are done... mind you, if you're a strong employee, they'd be foolish not to take you back.

Originally Posted by J-bo09

Long story short...just be happy she has a job after all that time off...there are many who do not have that luxury

agreed

[SeeBass]

I do thank you for having children though, so somebody can pay for my retirement and buy my house.

[Rathji]

Thanks for the responses everyone,

Originally Posted by ma-skis.com

did she get a yearly review for the year she did work immediately prior to her leaving on mat leave?

sounds about right, if she just started this august again, they can't really review the last year of work, but it's reasonable to assume that a review on the last year she worked....

I doubt that mat leave really protects her from not receiving raises though, you can really only be evaluated for work you've done.

although, I do agree with pinner, if they wanted to give her a raise they would.

No, she didn't get a review because she went into labour week before they were supposed to happen.

That is what I am thinking, the company gives yearly raises in September, so had she been there a month later she would have been given a raise for her performance over the previous year, even if she went on Mat leave a week later. Obviously I don't expect a raise for the year she was on Mat leave, that would be idiotic.

Since the review hasn't actually happened yet, she might still get a raise, but her boss and company policy seem to indicate that there is no way she can get one (since she has been off 5 of the last 6 months). Considering she is one of their most productive employees, I assume that will come into play when the review actually happens. Like many have said if they are happy with her performance she could still get one.

[Devils'Advocate]

Originally Posted by J-bo09

I think the company has to guarantee to hold your position or one in similar capacity. Still major pain in the butt to get new hires and train them only to have that position disappear. Not to mention most women get pregnant more then once in a career. Long story short...just be happy she has a job after all that time off...there are many who do not have that luxury

Actually, it is law that she not lose her job after mat leave.

The law also states that employees shall receive no penalty for taking mat leave. I would think if everyone else is being reviewed and evaluated for raises and she is not because she took maternity leave, that would constitute a penalty.

Some real hard asses here. And mostly men chiming in. "Aw, it's too bad that I have an advantage over those people, but in the words of Bruce Hornsby, that's just the way it is. Sucks to be a woman."

[Jbo]

Originally Posted by Devils'Advocate

Actually, it is law that she not lose her job after mat leave.

The law also states that employees shall receive no penalty for taking mat leave. I would think if everyone else is being reviewed and evaluated for raises and she is not because she took maternity leave, that would constitute a penalty.

Some real hard asses here. And mostly men chiming in. "Aw, it's too bad that I have an advantage over those people, but in the words of Bruce Hornsby, that's just the way it is. Sucks to be a woman."

I'm not sure what you are disputing? I said in my post that a company has to hold the position (or one similar). However, once the person on mat returns, the person that has been brought in is then let go (in case of a contract position) or retained. ( now being paid a second salary) That equals training + salary of new employee while the mother is off work.

Call it what you want to call it, but men have an advantage in the workplace. People taking up to a year off is a pain in the butt and cost the company in real $$$.

[Rathji]

Originally Posted by Devils'Advocate

Actually, it is law that she not lose her job after mat leave.

The law also states that employees shall receive no penalty for taking mat leave. I would think if everyone else is being reviewed and evaluated for raises and she is not because she took maternity leave, that would constitute a penalty.

That's what I am thinking.

Originally Posted by J-bo09

I'm not sure what you are disputing? I said in my post that a company has to hold the position (or one similar). However, once the person on mat returns, the person that has been brought in is then let go (in case of a contract position) or retained. ( now being paid a second salary) That equals training + salary of new employee while the mother is off work.

Call it what you want to call it, but men have an advantage in the workplace. People taking up to a year off is a pain in the butt and cost the company in real $$$.

I agree!

How about those handicapped people that you need to build special ramps and have those special stalls built right into the washroom for. I can't believe those people, who inconvenience us normal white men at work, and expect the same things we get.

That's absurd, and they should just suck it up and accept their place in society. We should not have to accommodate them at all, after all they decided to be handicapped.

...

[Ducay]

Originally Posted by Rathji

That's what I am thinking.



I agree!

How about those handicapped people that you need to build special ramps and have those special stalls built right into the washroom for. I can't believe those people, who inconvenience us normal white men at work, and expect the same things we get.

That's absurd, and they should just suck it up and accept their place in society. We should not have to accommodate them at all, after all they decided to be handicapped.

...

Here here! And don't get me started on having to install a new set of washrooms for women and then another one for the coloureds, my plumber is rich now!



In all honesty, I'd suggest asking someone about this who actually knows the laws behind this. Regardless of what CP says, we're all still just guessing.