Can I Accept a New Position in Good Faith?

Updated on July 27, 2006
H.R. asks from Minneapolis, MN
6 answers

I've been in the process of interviewing for a new job, and feel fairly certain it will be offered to me within the next few days, if at all. Today I randomly took a pregnancy test because my period was a few days late, and it's positive. Surprise! If I am offered the position, can I take it, knowing that in March I'll need to take maternity leave? And if I don't divulge the information immediately, when would it be proper? I definitely plan to return to work after the baby's birth. ADVICE NEEDED!

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So What Happened?

Thanks to evryone for your advice. It's great to know I'm not the only one who had found herself in this position. I have accepted the offer and won't start work for another month. I've decided to let them know once my training starts (although i'll only be about 2 months pregnant). I looked into their policy re: FMLA- they adhere to the 1 year of employment rule. Hopefully there will be room for negotiation about the length of my leave- and i did determine that it would be illegal for them to fire me due to pregancy, however. Many thanks, and let me know if there are any more words of advice! thanks.

More Answers

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J.C.

answers from Minneapolis on

If you want the position, you should absolutely take the job. Your employer cannot discriminate against you because you are pregnant - it is a protected class. The only problem may be that some companies don't offer paid maternity leave unless you've been with them for a year. I think the 'proper' time to notify your employer would be sometime after 3 months - unless you are like me and you start showing after 2 months w/ your second. Good luck!

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J.G.

answers from Minneapolis on

I was in the exactly same position last year before I had my second child. What I did was to let them know that I was pregnant AFTER I signed the acceptance letter but before my first day on the job. I asked around other managers (my friends) in different companies, who said that once I get the job offer and accept it, I should communicate with my new employer about the pregnancy while the new company can't really terminate the employment - since it's discrimination. I spoke to the HR manager regarding the issue. (via email) I just mentioned that I found out that I was pregnant just right after the interview was done, and my due date + my plans for the maternity leave, etc. My new employer had no problems with that, and I returned to work after the maternity leave. I think you should definitely take the offer if it's a good choice for your career. And it will work out very well if you notify the employer of your pregnancy and plans for maternity leave in advance. Good luck and congratulations!

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A.G.

answers from Minneapolis on

Of Course! You are not required to divulge that type of information to an employer at the time of an interview - in fact that is to protect your rights!

I was laid off from my job when I was 3 months pregnant - terrified. I interviewed for a job - without divulging the fact that I was pregnant - was accepted for the job and am working here 4 years later. I have taken 2 maternity leaves in the 4 years! A lot of health insurance will cover maternity leave after 6 months of being with the company.
Not telling them is NOT decietful!

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P.L.

answers from Minneapolis on

I would wait to see if you get the offer and then tell them that you're accepting the offer but also let them know out of courtsey that you just found out your pregnant and will want to take X number of weeks off. I don't think legally they can pull the offer from you and then your not popping them with a surprise after the fact. I would do a google search to find out if its discrimenatory to not offer a job to a woman because she's pregnant. Good Luck!!

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P.P.

answers from Minneapolis on

This is a tough one. I interviewed knowing I was 3 months preg. and during the interview I mentioned that I was expecting and hoped that wouldn't change his mind about me for the position. You could always make mention of it after they offer you the position and ask her if this will sway their decision any? You know I think it may be against the law for them to then retract the offer made to you based on your being pregnant. This way it's out there in the open and you go into the job with your head clear. If you haven't worked there for 1 yr. or so many hours you do not qualify for FMLA benefits which just saves your position while on leave. I'm sure they'll allow you at least 6 weeks if not the full 12 and save your position. This is what my company is doing for me and I started in May and I'm due at the end of September. I think it may look bad if you start and you may be uncomfortable as it is being in a new environment to even want to mention that you're pregnant. You could wait until you're 3 months along just in case you miscarry. So, when you're 12 weeks along you may be more comfortable and let him/her know that you are expecting and that you actually found out aroudn the time they made you the offer and you wanted to make sure you were past the stage when you'd be likely to miscarry. I think I'd do it this way instead of what I mentioned before. You have two ways to go here. Good luck!

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J.F.

answers from Minneapolis on

Hi H.,

I was in a similar situation just over a year ago. I received a job offer which also involved a relocation that the company was paying for and then found out I was pregnant 1 week after I accpeted the job. I too was nervous about what they would think especially because I had to fill out a medical questionare before starting the position which asked if I was pregnant. I told them the truth knowing that legally they could not do anything to take the offer away. The company was very good about keeping my info confidential within the human resources dept and just wanted my medical info to make sure I wasn't exposed to anything hazardous and that I wasn't lifting too much. Everything worked out fine. I did tell my boss the news on my first day of work (even though I was only 2 mo) just because I knew he suspected something because he was told I had "temporary" lifting restrictions. I slowly told other people at work after I started to show a bit.

I did take maternity leave for 9 weeks and am now back at work. The company was great and actually gave me partial pay during my leave. However, please note that most companies won't pay during your leave if you have less than 1 yr with the company. I am also not sure if they legally have to give you the 12 weeks FMLA if it is under 1 year. You may want to look into that. Either way, I don't think you should worry about taking the job in good faith. From what you say it sounds like you plan on returning to work after your leave and most people/companies are very understanding. If they aren't understanding then you probably don't want to work for that kind of company anyways.

Good luck. I know how stressful this is when starting a new job. You want to make a great impression right off the bat and I am sure you will. If you have any questions, email me.

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