Too many babies???

JKK

I am looking for advice on a rather delicate matter and hoping that the forumites will have some good thoughts on the following:
Our Finance Dept consists of 3 staff members who deal with our 3 US offices, as well as completing all necessary requirements from Head Office in London - Finance Manager, Finance Executive and Finance Assistant.
The current Finance Executive has just left to take up a new position. We advertised internally for a replacement and one of our staff members currently on maternity leave has applied. Whilst she has no specific background in Finance she is intelligent and hardworking so a good possibility. My problem is that the Finance Manager, currently has a 3 year old and is about to go on maternity leave (we are rather generous and she is entitled to 6 months paid leave) and I am a bit concerned that childcare issues could become a problem in the department.
Can I even consider this in determining whether the staff member currently on maternity leave is suitable for the position?
Thanks for any insights
JKK

JM in ATL

Not considering a qualified candidate for a position because of Family status is discrimination. This is also why it is considered an "illegal" question to ask during interviews.

To NOT consider a qualified applicant because she has a child is entering a dangerous territory.

As far as attendance, that is between an employee and a supervisor.

So to answer your question, no you can not consider a person's family status when making an employment action.

Parabeagle

Ditto JM in Atlanta. But also consider this: Review your job description for the position in question. What are the individual's duties? Does it clearly specify that regular and consistent attendance at the office is an essential function of the position? Furthermore, you may want to explore whether physical attendance is a requirement for the position. Can the duties be performed in other ways (e.g., telecommuting?)

But to reiterate JM's post: To consider maternity or parental leave and childcare matters as a impediment to consideration is unwise.

rad

Would you have the same childcare concerns if your candidate was a man soon to become a father?

Crout

If I read this correctly, the Finance Manager, who is currently on maternity leave, is going to apply for the Finance Executive position. Is that correct? And you want to know if it's okay to discriminate against that person because of the size of her family...right? I think the correct question is: would it be ILLEGAL discrimination? To answer, you'd have to check your state and local law. For example, here in Philly it is illegal to take family status into account when making a hiring decision, but there is no federal or state (PA) protection for family status. I must tell you that I think it should be possible for you to look beyond the size of her family to ascertain her fitness for promotion. You mentioned that she has no formal training in Finance. I think for an executive position you might be getting a few resumes from folks who do, as well as other qualifications, so my advice would be for you to focus on those aspects and not waste time speculating on how many kids she has now or in the future.

marc

JKK,

I agree with the sesponses you have so far. In particular, I think Crout has hit the nail on the head with respect to qualifications. Being hard-working and intelligent are certainly good qualities to have, but in my experience and opinion, those are not enough to meet usual Finance Executive requirements. There are plenty of significant reasons to require this position to be degreed and a CPA, depending on the nature and complexity of your business.

If your business is such that these are not necessary, perhaps you do not even need this position and a Finance Manager is sufficient. IMHO, that is rarely the case.

Don D

I will ask what might be a relevant question. I notice that you are a female, as are (I assume) all three of the employees you mention. Are men considered for employment in any of your senior positions or the positions in your finance department? I infer that you may be on the verge of illegally discriminating against women who might have childcare issues, so, it may be that you also illegally discriminate against males.

amercy

Well, I started in my company in 96 as an Order Taker with one child and in 99 I became the Hr Administrator with a second child. It is now 2004, I am married with a full-time step child and 3 children of my own. I do my job with no problems. Daycare issues I have none, it's called a calendar. However, you may run into a problem when the child(ren) may get sick, God forbid that happens, if they can, can they work from home? can they come in later, or earlier to finish the work? I have done all of the above and my boss, doesn't see a problem with it.