Member went on maternity leave in September 2002. Before she commenced maternity leave, her job was advertised on a permanent basis. Following her return the member accepted a position on the same terms and conditions and grade, but without the opportunity to deploy the skills she had acquired, less managerial responsibility and less chance of competing for promotion.
This case involved a member on maternity leave who applied for early severance. Her Personnel Department argued that staff could not expect to receive both maternity pay and early severance. Thompsons were asked for advice.
An office notice issued by the employer raised queries over entitlement to maternity pay. PCS asked for advice on what was considered unambiguous wording in the office notice which seemed to go farther than the employer had actually intended. Advice was also sought about whether or not any paid maternity leave due could be calculated in the same way as that for periods of annual leave (i.e. including weekend and bank holiday premium payments).
A PCS member was due to give birth in February 2005, but was refused paid maternity leave, despite appealing. The employer argued that the member had not given continuous service for the required amount of time.
A PCS member's government department operates a staff bonus scheme. The scheme bonus rules state that the contents of this scheme do not form part of any employees' terms and conditions. The rules on maternity leave state that if this absence is in excess of 4 weeks the employees' bonus payment will be pro-rate'd. Bonuses are also subject to the annual performance review.
Updated 7 Feb 2017