Maternity
Thread Starter
Joined: Jan 2005
Posts: 3
Likes: 0
From: uk
Meternity
Hello,
I am a female pilot in a small uk company. I have recently got married and am thinking about starting a family at some point over the next year or so. Does anyone know what maternity rights I have?
I do not want to give up work but there is nothing mentioned in my contract regarding maternity leave. As the company is relatively small and has no union is it up to them what their policy is or am protected by wider laws?
Any help on the matter is appreciated.
K
I am a female pilot in a small uk company. I have recently got married and am thinking about starting a family at some point over the next year or so. Does anyone know what maternity rights I have?
I do not want to give up work but there is nothing mentioned in my contract regarding maternity leave. As the company is relatively small and has no union is it up to them what their policy is or am protected by wider laws?
Any help on the matter is appreciated.
K
PPRuNe Handmaiden
Joined: Feb 1997
Posts: 4,914
Likes: 184
From: Duit On Mon Dei
You'll be governed by JAR FCL
JAR-FCL 3.040 (pertains to Class1)
(3) being pregnant, shall inform the
Authority in writing of such injury or pregnancy,
and as soon as the period of 21 days has elapsed
in the case of illness. The medical certificate
shall be deemed to be suspended upon the
occurrence of such injury or the elapse of such
period of illness or the confirmation of the
pregnancy,
5) in the case of pregnancy, the
suspension may be lifted by the Authority for
such period and subject to such conditions as it
thinks fit (see JAR–FCL 3.195(c) and 3.315(c)
and shall cease upon the holder being medically
examined under arrangements made by the
Authority after the pregnancy has ended and
being pronounced fit to resume her functions as
a member of the flight crew.
JAR–FCL 3.195 Gynaecology and
obstetrics
(a) An applicant for or the holder of a Class 1
medical certificate shall not possess any functional
or structural obstetric or gynaecological condition
which is likely to interfere with the safe exercise of
the privileges of the applicable licence(s).
(b) An applicant with a history of severe
menstrual disturbances unamenable to treatment
shall be assessed as unfit.
(c) Pregnancy entails unfitness. If obstetric
evaluation indicates a completely normal
pregnancy, the applicant may be assessed as fit
until the end of the 26th week of gestation, in
accordance with paragraph 1 Appendix 8 to Subpart
B. Licence privileges may be resumed upon
satisfactory confirmation of full recovery following
confinement or termination of pregnancy.
(d) An applicant who has undergone a major
gynaecological operation shall be assessed as unfit
for a minimum period of three months and until
such time as the effects of the operation are not
likely to interfere with the safe exercise of the
privileges of the licence(s) (see paragraph 2
Appendix 8 to Subpart B).
Source JAR FCL 3
So that's the law. you can't fly once pregnancy is confirmed. You can fly after that untill the 26th week so long as every thing is fine. You can't decide that, your doctors will.
If you are in a small company I would discuss it with them first. ie find out when the quiet times are and plan your pregnancy that way. Take all your leave then or unpaid leave as well as the maternity leave you should be owed.
You may not be able to fly but you're not "sick" in the classic sense. See if you can teach recurrent courses such as CRM or help out in crewing/ops. They're usually understaffed.
Good luck.
JAR-FCL 3.040 (pertains to Class1)
(3) being pregnant, shall inform the
Authority in writing of such injury or pregnancy,
and as soon as the period of 21 days has elapsed
in the case of illness. The medical certificate
shall be deemed to be suspended upon the
occurrence of such injury or the elapse of such
period of illness or the confirmation of the
pregnancy,
5) in the case of pregnancy, the
suspension may be lifted by the Authority for
such period and subject to such conditions as it
thinks fit (see JAR–FCL 3.195(c) and 3.315(c)
and shall cease upon the holder being medically
examined under arrangements made by the
Authority after the pregnancy has ended and
being pronounced fit to resume her functions as
a member of the flight crew.
JAR–FCL 3.195 Gynaecology and
obstetrics
(a) An applicant for or the holder of a Class 1
medical certificate shall not possess any functional
or structural obstetric or gynaecological condition
which is likely to interfere with the safe exercise of
the privileges of the applicable licence(s).
(b) An applicant with a history of severe
menstrual disturbances unamenable to treatment
shall be assessed as unfit.
(c) Pregnancy entails unfitness. If obstetric
evaluation indicates a completely normal
pregnancy, the applicant may be assessed as fit
until the end of the 26th week of gestation, in
accordance with paragraph 1 Appendix 8 to Subpart
B. Licence privileges may be resumed upon
satisfactory confirmation of full recovery following
confinement or termination of pregnancy.
(d) An applicant who has undergone a major
gynaecological operation shall be assessed as unfit
for a minimum period of three months and until
such time as the effects of the operation are not
likely to interfere with the safe exercise of the
privileges of the licence(s) (see paragraph 2
Appendix 8 to Subpart B).
Source JAR FCL 3
So that's the law. you can't fly once pregnancy is confirmed. You can fly after that untill the 26th week so long as every thing is fine. You can't decide that, your doctors will.
If you are in a small company I would discuss it with them first. ie find out when the quiet times are and plan your pregnancy that way. Take all your leave then or unpaid leave as well as the maternity leave you should be owed.
You may not be able to fly but you're not "sick" in the classic sense. See if you can teach recurrent courses such as CRM or help out in crewing/ops. They're usually understaffed.
Good luck.
Joined: Sep 2002
Posts: 22
Likes: 0
From: London
For general advice on Maternity entitlements, the DTI website (www.dti.gov.uk) has full and clear information. Look for a thing called TIGER and follow the Maternity links.
Good luck
RHRP
Good luck
RHRP
Joined: Apr 2002
Posts: 28
Likes: 0
From: uk
Hello
I work for the local Citizens Advice Bureau on my days off.
If you wish to talk to someone face to face contact your local office.
If you would like me to e-mail you some info PM me.
It is quite important you know your EWC (Expected Week of Childbirth). How long you have been working for your employer. When your 4th, 11th & 15th week before EWC are. The last one (15th) is used to calculate your first six weeks of Statutory Maternity Pay.
And as for the ppruners who try to give you grief.. Your rights are as equal as other employees in other industries..
PM for more info
Arni
I work for the local Citizens Advice Bureau on my days off.
If you wish to talk to someone face to face contact your local office.
If you would like me to e-mail you some info PM me.
It is quite important you know your EWC (Expected Week of Childbirth). How long you have been working for your employer. When your 4th, 11th & 15th week before EWC are. The last one (15th) is used to calculate your first six weeks of Statutory Maternity Pay.
And as for the ppruners who try to give you grief.. Your rights are as equal as other employees in other industries..
PM for more info
Arni
Joined: Aug 2004
Posts: 132
Likes: 0
From: Costa del Hampshire
How about funding your own maternity instead of the company and/or the taxpayer? Nothing personal ma'am but as a potential employer I cannot risk such labour costs so just dont employ.
KatieKoo, good luck with the whole family thing.
WorkingHard
Joined: Aug 1999
Posts: 342
Likes: 0
From: uk
katiekoo12002,
You are protected by Law. You will normally have to stop flying as soon as you know you are pregnant. Your employer must continue to pay you but can expect you to take alternative work within the company (eg. Ops, Crewing). You will qualify for Materninty pay, this is for 26 weeks. For full details look at the Department of Works & Pensions website.
http://www.dwp.gov.uk/lifeevent/bene...ernity_pay.asp
p.s Ignore Workinghards post. You've paid Tax and national insurance for a reason. He is correct the tax payer is paying and that is you. I imagine if he is run over by a bus he will have no problem in accepting an offer of help from the Ambulance service and NHS.
You are protected by Law. You will normally have to stop flying as soon as you know you are pregnant. Your employer must continue to pay you but can expect you to take alternative work within the company (eg. Ops, Crewing). You will qualify for Materninty pay, this is for 26 weeks. For full details look at the Department of Works & Pensions website.
http://www.dwp.gov.uk/lifeevent/bene...ernity_pay.asp
p.s Ignore Workinghards post. You've paid Tax and national insurance for a reason. He is correct the tax payer is paying and that is you. I imagine if he is run over by a bus he will have no problem in accepting an offer of help from the Ambulance service and NHS.
Joined: Jan 2001
Posts: 1,089
Likes: 0
From: UK
There are many cases where staff should be paid for being sick but not by the employer. When you have had (as have I) so many employees who go sick etc and know how to milk the system (their right of course) then perhaps one gets a very jaundiced view. Why should any employer employ someone who then a few weeks into the employment becomes unfit to do the job for which they were employed but is then legally obliged to not only keep them on as employees but to pay them as well? Pregnancy is not an illness and if it is deemed right for the state to pay during that time then so be it, but remember the employer has already paid once from employers NI so why should he have to pay again.
"WorkingHard, that sort of attitude can get you in an unbelievable heap of trouble. If you refuse to employ someone on the grounds that they could be/could get pregnant you are liable to prosecution under Sex Discrimination laws. You are not even allowed to ask during interviews whether it is possible that they could be pregnant. "
Yes, well aware of that, so we simply do not employee anyone. Anyone who wishes to work WITH US and not for us we will discuss self employed contract terms. Quite legal, and whilst "fringe benefits" may not exist, the earnings potential is very good.
We all have our own views and this is a forum for such views. I, like everyone else I trust, will adhere to the laws as they affect me, whether I like them or not.
"WorkingHard, that sort of attitude can get you in an unbelievable heap of trouble. If you refuse to employ someone on the grounds that they could be/could get pregnant you are liable to prosecution under Sex Discrimination laws. You are not even allowed to ask during interviews whether it is possible that they could be pregnant. "
Yes, well aware of that, so we simply do not employee anyone. Anyone who wishes to work WITH US and not for us we will discuss self employed contract terms. Quite legal, and whilst "fringe benefits" may not exist, the earnings potential is very good.
We all have our own views and this is a forum for such views. I, like everyone else I trust, will adhere to the laws as they affect me, whether I like them or not.
Joined: Aug 2004
Posts: 132
Likes: 0
From: Costa del Hampshire
Why should any employer employ someone who then a few weeks into the employment becomes unfit to do the job for which they were employed but is then legally obliged to not only keep them on as employees but to pay them as well?
Therefore you have had at least 6 months work from the employee before you have to pay anything. Even then Statutory Mat Pay is only £100/week or 90% of salary (whichever is lower) and that is claimed back from the government as well...
The only time you have to pay anything like the salary is when the employee has 2 years continuous service...
Oh, and with regards to the
a few weeks into the employment becomes unfit to do the job for which they were employed
Joined: Jan 2001
Posts: 1,089
Likes: 0
From: UK
Barry Cuda, I did not understand the last line but as for the rest, I am sorry to say you are wrong. The employer only reclaims a % of SMP and nothing of SSP. If only one could recaim it all as used to be the case.
Let us just be clear. If I have a single employee and she goes on maternity leave after 6 months, then I have to keep her job open. I then take on someone else to temporary fill the gap by 100% of my workforce being absent. After 6 months that employee has protected employment etc etc. This is not just. I do not force anyone to work for me but I am forced to adhere to completely insane economic rules. SIMPLE answer, I employ no-one and therefore I cannot discriminate. Who loses? I dont because I can get all the contract labour I need.
Let us just be clear. If I have a single employee and she goes on maternity leave after 6 months, then I have to keep her job open. I then take on someone else to temporary fill the gap by 100% of my workforce being absent. After 6 months that employee has protected employment etc etc. This is not just. I do not force anyone to work for me but I am forced to adhere to completely insane economic rules. SIMPLE answer, I employ no-one and therefore I cannot discriminate. Who loses? I dont because I can get all the contract labour I need.
Joined: Apr 2000
Posts: 198
Likes: 0
From: NY
About time we returned to self reliance
Welfare is the problem not the solution!
Furthermore there is no logic at all to paying someone to have a baby! It is not an illness it is self inflicted and should be thought through BEFORE not as an afterthought.
Why should the tax payer/employer take financial responsibility for pregnancy and child rearing.
Grrrrrrr! I hate socialism!! and just like it's big brother Communism it will eventually roll over land die!!
Furthermore there is no logic at all to paying someone to have a baby! It is not an illness it is self inflicted and should be thought through BEFORE not as an afterthought.
Why should the tax payer/employer take financial responsibility for pregnancy and child rearing.
Grrrrrrr! I hate socialism!! and just like it's big brother Communism it will eventually roll over land die!!
Joined: Apr 2000
Posts: 198
Likes: 0
From: NY
Hold up brother!
I am not talking about helping those less fortunate. those in need, those in sickness who cannot afford healthcare!
I am talking about those lazy idle "welfare recipients" who have never and will never take a job, those recipients who left school without graduation, get pregnant (or get a girl pregnant) then expect society to pay for them forever; and Bless us! We fall for it and the handouts continue !!
The principal of welfare is the give someone a leg up, to give them a helping hand when they are down; not to provide them with all the luxuries of life at my expense!!
I work, my wife works and even my 13 year old son has his own internet business that works.
There is no excuse for the shirkers! No welfare without work should be the norm. There are plenty of highways need repairs, plenty of rivers that need cleaning, plenty of old folk who need their house painting!
Welfare out - Workfare in!! Then see how many "Genuine Cases" there are holding out their hands. It should be NEED not GREED !!
I am talking about those lazy idle "welfare recipients" who have never and will never take a job, those recipients who left school without graduation, get pregnant (or get a girl pregnant) then expect society to pay for them forever; and Bless us! We fall for it and the handouts continue !!
The principal of welfare is the give someone a leg up, to give them a helping hand when they are down; not to provide them with all the luxuries of life at my expense!!
I work, my wife works and even my 13 year old son has his own internet business that works.
There is no excuse for the shirkers! No welfare without work should be the norm. There are plenty of highways need repairs, plenty of rivers that need cleaning, plenty of old folk who need their house painting!
Welfare out - Workfare in!! Then see how many "Genuine Cases" there are holding out their hands. It should be NEED not GREED !!
Joined: Apr 2000
Posts: 198
Likes: 0
From: NY
Someone else pays!
Original post -
_________________________________________
I am a female pilot in a small uk company. I have recently got married and am thinking about starting a family at some point over the next year or so. Does anyone know what maternity rights I have?
__________________________________________
For this read - "I want someone else to pay for me to take time off to raise a family" - when for hundreds of years raising a family has been the "normal" activity of married couples who pay for this privelege themselves!
_________________________________________
I am a female pilot in a small uk company. I have recently got married and am thinking about starting a family at some point over the next year or so. Does anyone know what maternity rights I have?
__________________________________________
For this read - "I want someone else to pay for me to take time off to raise a family" - when for hundreds of years raising a family has been the "normal" activity of married couples who pay for this privelege themselves!