Employees who are on fixed-term, part-time, zero-hour or agency contracts are particularly vulnerable
When you apply for a job
- You have the right not to mention your pregnancy when applying for a job.
- Inform the employer of your pregnancy at least 2 months before you intend to go on maternity leave.
- If the job that you have applied for may cause danger to you or the foetus, you should inform the employer of your pregnancy when you have been selected for the job. The employer will find out about any occupational health and safety measures.
Recruitment decisions have to be based on qualifications. The recruitment decision cannot be affected by the fact that you
- are pregnant
- have children
- are on family leave or you will be taking family leave in the future.
This also applies to fixed-term contracts.
When you are working
- When you become pregnant and tell your employer that you will be going on maternity leave you cannot be discriminated against at work because of your pregnancy or family leave e.g. in the distribution of duties, pay, career progression or when applying for training.
- You cannot be dismissed because of your pregnancy. Your contract cannot be cancelled because of your pregnancy even during a trial period.
- If you are in a fixed-term contract your pregnancy or family leave cannot affect the continuation of your contract or making your contract permanent. Your fixed-term contract cannot be ended at the beginning of your family leave.
When you are on family leave
- If there are organisational changes at your workplace during your parental leave, for example, you have to be taken into consideration in the same way as other employees.
- You may not be made redundant for financial or production-related reasons during your family leave unless the employer closes down all their activities.
When you return to work
- When you return to work after your family leave you primarily have the right to continue your previous work duties.
- The employer may not replace you with a new employee or your substitute, even if the employer thinks they are better qualified than you.