Help with maternity rights and sickness

[Dream.A.Dream]

I am signed off work with hyperemesis (extreme pregnancy nausea and vomiting). Definitely a pregnancy related condition. My boss called me today, she asked when my due date is and said that if I am still off sick they can forcibly start my maternity leave when I'm 29 weeks.

I thought they could only start compulsory maternity leave for sickness from 36 weeks?

Does anyone know?

The only info I can find is this https://www.worksmart.org.uk/rights/what_happens_if_i_am_sick_during which says the same as i thought.

xx

ETA: Just found another link which says it's my choice whether to start maternity between 29 and 36 weeks. https://www.fpb.org/page/443
So does that mean they can't force me to at 29 weeks?

 

[~KACI~]

sorry hun no idea Bump this up for you, have you got a handbook or something similar from company??

 

[Dream.A.Dream]

Thanks for bumping. I can't find my contract but remember reading through it when I started and don't recall anything in there about it. I would have paid attention to it, because I got pregnant 2 weeks after I started working there, so I was already pregnant when my contract came through xx

 

[~KACI~]

hmm just done some digging, i can only see 36weeks everywere citizens advice or speak to MW next appoinment, see what she says

 

[Dream.A.Dream]

I have a MW appointment at 25 weeks so I will ask her then, hopefully she'll be able to help. In the meantime I'm just gonna try and research as much as poss and possibly phone CAB and see what they say xx

 

[Abz1982]

They can only make you start maternity leave 4 weeks before your EDD, before that you will be on sick leave. She probably wants you to agree that it will start from week 29, as then it will kinda become your agreed date. So dont agree to that as our 39 weeks OML will begin from then.

 

[Sovereign]

It's 36 weeks hun cos I was in the same situation as you. x

 

[alice&bump]

as the others have said its 36 weeks. and i'd have told her to feck off ringin you at home, they're not allowed to when you're off sick!

 

[Dream.A.Dream]

as the others have said its 36 weeks. and i'd have told her to feck off ringin you at home, they're not allowed to when you're off sick!

They phone me about 3 times a week. And apparently next time she phones she will be arranging a home visit to "see how I am". I thought it was 36 weeks. I'll ask her for more details when she comes to see me. Or might email and ask her tomorrow. xx

 

[alice&bump]

seriously?! i suppose these things need sortin out, but thats harassment ringing that much!

 

[Alexas Mommy]

as the others have said its 36 weeks. and i'd have told her to feck off ringin you at home, they're not allowed to when you're off sick!

They phone me about 3 times a week. And apparently next time she phones she will be arranging a home visit to "see how I am". I thought it was 36 weeks. I'll ask her for more details when she comes to see me. Or might email and ask her tomorrow. xx

Are you serious? I would contact the labour board! I know they can't do this in Canada, and surely they can't do this where you live either! That is harrassment in my books!

 

[Abz1982]

as the others have said its 36 weeks. and i'd have told her to feck off ringin you at home, they're not allowed to when you're off sick!

They phone me about 3 times a week. And apparently next time she phones she will be arranging a home visit to "see how I am". I thought it was 36 weeks. I'll ask her for more details when she comes to see me. Or might email and ask her tomorrow. xx

Are you serious? I would contact the labour board! I know they can't do this in Canada, and surely they can't do this where you live either! That is harrassment in my books!

They can call to see how you are, but they have to be reasonable. They arent calling you and pressuring you to come back to work - which is what they are not allowed to do. But they can contact you if they are trying to work out how everything is going to work.

This is from direct.gov.uk:

Pregnancy-related illness
If you are off work for a pregnancy-related illness during the four weeks before your baby is due, your maternity leave and Statutory Maternity Pay (from your employer) or Maternity Allowance (from Jobcentre Plus) will start automatically, no matter what you had agreed with your employer.

This is from the Forum for Private Business:

If the pregnant employee is sick before the 29th week of pregnancy, you should treat the absence as sick leave, regardless of whether the sickness is pregnancy-related.

If the employee is sick after the 29th week of pregnancy with a pregnancy-related sickness, she can choose whether to start her maternity leave or take sick leave.

If the employee is absent due to a pregnancy-related sickness any time within the four-week period before the EWC, the maternity leave is automatically triggered, even if she has not given 28 days' notice. She must give you notice as soon as possible after the maternity leave begins. Maternity leave is not triggered if the illness is not pregnancy-related; however, any decision that is made must be reasonable.

Once maternity leave has started, the law does not allow the employee to return to work until after childbirth. Therefore, if she has a sickness that triggers her maternity leave, she is obliged to remain absent until the end of her leave, even if she had not planned to take it so early. This is the case even where the employee is sick for only one or two days. Of course, she could ask the employer if she could return to continue work until the date she intended to start her maternity leave, but the employer does not have to agree to this.

 

[Dream.A.Dream]

So it definitely sounds like they can't force me to go on maternity at 29 weeks. xx

 

[trying4#1]

hiya
i would suggest ringing your union.

 

[bexxie]

No it is 29 weeks if you are sick,they can make you at that stage of pregnancy I am sure.

Helen is HR on here wonder if she still comes on?

Will have a look
xx

 

[nessajane]

I didnt even think work was aloud to ring you when youre off sick??? xx

 

[Dream.A.Dream]

I didnt even think work was aloud to ring you when youre off sick??? xx

Apparently they can for certain things. They aren't supposed to harrass you to go back to work though, which she did xx

 

[Abz1982]

No it is 29 weeks if you are sick,they can make you at that stage of pregnancy I am sure.

Helen is HR on here wonder if she still comes on?

Will have a look
xx

Its up to you to decide if you want to start your leave early or stay on sick leave - which if SSP is less than SMP. But if you are still sick 4 weeks before your EDD you will start your Maternity Leave

 

[bexxie]

OMG!

I was forced last time to take myn at 29 weeks as I had SPD,wish I had known.

Jesus am annoyed now

Thanks now I know god the gits
xx

 

[daddy.danno]

Bit of advice for you,

sorry i have only just joined so havent posted earlier, an employer cannot force you to take maternity early.
This is down to your prefferential choice.

If you doctor has signed you off, your employer has no right to overide that, aslong as your doctors certificate signs you off untill 36 weeks, i believe you will be fine, although a very handy number to ring, and get FREE advice on work related laws is ACAS.

strictly confidential advice, i have used it many a times, hence where my knowledge of working laws is increasing lol

the number is..


ACAS - 01159002670 (i used say no to 0870 lol)

Good luck!