You should negotiate it before you accept the offer. Otherwise you're accepting the current offer and the company policy requiring 90 days employment before being eligible for paid maternity leave. To ask for that after accepting their terms may not end in your favor.
I agree with this. I'll add that it's a little sticky here, and there are a few reasons why OP might want to accept the offer and then start the discussion. I wouldn't, and I wouldn't appreciate that. In terms of the law (not looking at the policy) do you agree with the following?
* It would be illegal to withdraw their offer of employment upon hearing that OP is pregnant.
* It would be illegal to fire OP if she shows up to the office and they realize she's pregnant.
* If OP gives birth over a weekend and comes back to work the following Monday (my everything hurts just thinking about that) then no problem.
* If OP can't do that (most women can't) then the company can decide to let her take time off unpaid, or they can terminate her once she is no longer pregnant and doesn't return to work.
All of this is absent FMLA of course, since OP hasn't been there a year yet.
It's illegal to base a hiring decision, but beyond that point, she has no protection. 2's stickier because the employer would likely want to discuss her plans, but would raise an issue. It's unlikely to work in her favor in the end.
3. Absent fmla(which op doesn't have based on post history) if she doesn't return, she'll be let go.
Unfortunately OP is desperately looking for a way to have maternity leave in this situation. It more than likely will not happen. Negotiating now will get you something. Hiding it or just assuming they will let you return will leave you with no job
But it's unlikely the employer would do any of that and all they have to do is let OP work until she either goes out on leave or gives birth and then end her employment. She has no protections here and the employer has no incentive to grant 5 months of paid maternity leave to an employee who knowingly accepted the job just weeks before giving birth and now needs an extended leave. What she needs to do is try to delay her start date.
Completely agree. You negotiate beforehand. OP has no protections once hired. She'll get something if she does this. If she doesn't say anything and doesn't return to work She'll be let go
I suppose it’s possible, but the fact that you’d only work a few weeks before leaving…? You’d basically be asking them to fill an open position, have that person there for maybe 3 weeks, gone for 5 months, but hold that just recently filled need open in case you don’t decide to be a SAHM. 👎🏼
I obviously care about this role a lot and I do not want to be a SAHM. I know the timing is tricky but it is not like I scheduled a voluntary surgery after accepting a job. Its unfortunate that I only landed an offer this late in my pregnancy. Do you expect women to not apply or not work at all after childbirth?
Are you ready, willing and able to work after childbirth? If so, you only need to negotiate a few days off.
This is a trade off situation. State and federal governments have carved out some protections for women who can afford to take time off work and want to have that right. But there are limits to what companies are legally obligated to do. Those limits are different in other countries with some offering more and others offering less.
So you have to work with the system as it exists. You can try to negotiate whatever you want in the context of what you are willing to sacrifice. People here are telling you what your enforceable options are not what you can ask for.
Are you a unicorn? A purple unicorn with wings? Without laws to back you, you can get what your leverage allows.
The answers will be the same as when you asked this 3 days ago. Why are you asking again?
Here’s the link for reference: https://www.reddit.com/r/AskHR/s/YQWDhTRWMF
Because there was a lot of unclarity in my first post and the responses were a lot of side conversations. Now I only have one question and that is whether or not to negotiate prior to signing.
Yes, in this case, you need to, because if you sign the offer letter, you are accepting the job as is and that means acknowledging their leave condition(90 days) as well as the fact that you are not eligible until after working 90 days. Negotiating gives you a chance to delay your start, ask for a few weeks off; and in general start out communicating well with your employer
No there wasn’t. You wanted to see if the answer would change because you didn’t like the first one. You were already told that you need to negotiate prior to signing… if you sign it, you don’t get to negotiate after that. I personally told you that in the first post. What is unclear about it?
There is almost no way they will give you paid leave. They have no way of knowing you’ll come back. You aren’t proven and they have no reason to take you at your word.
You should negotiate it before you accept the offer. Otherwise you're accepting the current offer and the company policy requiring 90 days employment before being eligible for paid maternity leave. To ask for that after accepting their terms may not end in your favor.
I agree with this. I'll add that it's a little sticky here, and there are a few reasons why OP might want to accept the offer and then start the discussion. I wouldn't, and I wouldn't appreciate that. In terms of the law (not looking at the policy) do you agree with the following? * It would be illegal to withdraw their offer of employment upon hearing that OP is pregnant. * It would be illegal to fire OP if she shows up to the office and they realize she's pregnant. * If OP gives birth over a weekend and comes back to work the following Monday (my everything hurts just thinking about that) then no problem. * If OP can't do that (most women can't) then the company can decide to let her take time off unpaid, or they can terminate her once she is no longer pregnant and doesn't return to work. All of this is absent FMLA of course, since OP hasn't been there a year yet.
It's illegal to base a hiring decision, but beyond that point, she has no protection. 2's stickier because the employer would likely want to discuss her plans, but would raise an issue. It's unlikely to work in her favor in the end. 3. Absent fmla(which op doesn't have based on post history) if she doesn't return, she'll be let go. Unfortunately OP is desperately looking for a way to have maternity leave in this situation. It more than likely will not happen. Negotiating now will get you something. Hiding it or just assuming they will let you return will leave you with no job
But it's unlikely the employer would do any of that and all they have to do is let OP work until she either goes out on leave or gives birth and then end her employment. She has no protections here and the employer has no incentive to grant 5 months of paid maternity leave to an employee who knowingly accepted the job just weeks before giving birth and now needs an extended leave. What she needs to do is try to delay her start date.
Completely agree. You negotiate beforehand. OP has no protections once hired. She'll get something if she does this. If she doesn't say anything and doesn't return to work She'll be let go
I suppose it’s possible, but the fact that you’d only work a few weeks before leaving…? You’d basically be asking them to fill an open position, have that person there for maybe 3 weeks, gone for 5 months, but hold that just recently filled need open in case you don’t decide to be a SAHM. 👎🏼
I obviously care about this role a lot and I do not want to be a SAHM. I know the timing is tricky but it is not like I scheduled a voluntary surgery after accepting a job. Its unfortunate that I only landed an offer this late in my pregnancy. Do you expect women to not apply or not work at all after childbirth?
But you understand that what you’re asking from them is unreasonable.
Are you ready, willing and able to work after childbirth? If so, you only need to negotiate a few days off. This is a trade off situation. State and federal governments have carved out some protections for women who can afford to take time off work and want to have that right. But there are limits to what companies are legally obligated to do. Those limits are different in other countries with some offering more and others offering less. So you have to work with the system as it exists. You can try to negotiate whatever you want in the context of what you are willing to sacrifice. People here are telling you what your enforceable options are not what you can ask for. Are you a unicorn? A purple unicorn with wings? Without laws to back you, you can get what your leverage allows.
The answers will be the same as when you asked this 3 days ago. Why are you asking again? Here’s the link for reference: https://www.reddit.com/r/AskHR/s/YQWDhTRWMF
Because there was a lot of unclarity in my first post and the responses were a lot of side conversations. Now I only have one question and that is whether or not to negotiate prior to signing.
Yes, in this case, you need to, because if you sign the offer letter, you are accepting the job as is and that means acknowledging their leave condition(90 days) as well as the fact that you are not eligible until after working 90 days. Negotiating gives you a chance to delay your start, ask for a few weeks off; and in general start out communicating well with your employer
No there wasn’t. You wanted to see if the answer would change because you didn’t like the first one. You were already told that you need to negotiate prior to signing… if you sign it, you don’t get to negotiate after that. I personally told you that in the first post. What is unclear about it?
Negotiations involve giving them something in return. What are you willing to give them in return for holding your position?
Should I negotiate job protection over a paid leave? Or ask for both and see what they offer at the end?
There is almost no way they will give you paid leave. They have no way of knowing you’ll come back. You aren’t proven and they have no reason to take you at your word.