Maternity leave issue with HR because of premature baby

hur575

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Hi all,

I have a problem, which I just found about ( great Christmas present).
I had premature baby at 24 week in the end of October, and I work for university, I knew they could be stuck trying to find replacement middle of semester, and I was told my baby will be in incubator for at least 4 months, so I took the decision to go back to work, after two weeks rest, so I called my manager and explained to him, I would like to go back to work, and take my leave by the end of semester i.e by end of this year, although baby still in hospital, hopefully he will be off ventilator and I will be able to hold him, he agreed but verbally only, and the big manager
send me an email refereeing to this arrangement. ( so I have it in writing)

Now I go to her to discuss when I am coming back, she called HR from her office who was in shock that I am even pregnant, let alone have this arrangement, so the Hr said it is against the rules, and your maternity leave has already started when you baby was delivered, I explained but I have been at work, they just do not care and this is the rules. I am really mad, I spend these couple of months between work and hospital, and I felt guilty for leaving my baby but I was hoping for the best. Now my line manager has retired this week, and the big manager promised she will sort it out, I obviously was not advised of this and continued to work, now it seems all was for nothing !! I am hoping that get sorted but not sure how ! if not do I have any leg to stand on?

Hr asked in email for all my sick leave due to pregnancy before having the baby and after which I emailed back, they told me they will look at it and get back.

Also they asked for MATB1 form? Where do I get this, my pregnancy was monitored by a special unit because of my history with miscarriage, now been discharged from them since I had the baby in my local hospital which I was rushed in.
 
Did you have a community midwife at all? In normal circumstances that's who gives them out, or your GP. Could you perhaps ask the consultant who took care of you, they might be able to point you in the right direction.

You might find this helpful. I'm not sure if you can go back to your maternity leave however, if you have returned to work after two weeks then that means it's officially over, you can't hold it til you are ready to take it. However it would certainly make sense for preemie mothers!!!

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/265207/dwp1031.pdf

Your managers were actually in the wrong as maternity leave must be used continuous. Once you start work again you forfeit any remaining leave. However I hope your hr team takes into account what you were told
 

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