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Forced to go in Maternity at 12 weeks?

(15 Posts)
muddleoffeelings Fri 20-Nov-15 16:23:14

I am 8 weeks pregnant and have been diagnosed with hyperemesis. I ended up in A&E and being admitted overnight to a ward with severe dehydration last weekend.

I have worked for my company for 13 years, this years I have also had an operation on my spine meaning I have taken virtually all my paid sick leave.

I spoke to manager and was told I have 3.5 weeks of paid sickness left. In all honesty I'm not sure if I the hyperemesis with pass in 3.5 weeks. I was told the alternative was that they would make me take to out of my maternity or holiday leave. They wouldn't let me go on to insurance half pay as my illness was pregnancy related and the insurance does't pay out for pregnancy related illness - you must take maternity leave instead.

is this right? If I manage to go back I will still only be in my 12th week of pregnancy. What will happen if I have to take my maternity form then? Surely I'll end up having to give birth then almost immediately return to work?

To be honest the constant sickness is completely isolating - I'm beginning to get depressed as I am home by myself for 13 hours a day while my husband works. We don't live near friends or family and I can barely do anything for myself. The extra worry about work devasting me - I have to idea what my rights are.

HumTiddlyTum Fri 20-Nov-15 16:25:48

I think they can only force you to start mat leave early from 36 weeks. Someone more knowledgeable will be along soon though.

BabsUnited Fri 20-Nov-15 16:26:43

Doesn't sound right to me. I'd give ACAS a call, they'll be able to tell you what your rights are. As I understand it you can only be forced into maternity leave if you have pregnancy related illness from
36 weeks. But ring ACAS to check. Good luck and hope the hyperemesis eases for you flowers

WheresMyBurrito Fri 20-Nov-15 16:27:56

I'm no expert but I do know that sickness due to pregnancy is different to sickness when not pregnant.

I also think the standard for "forcing" maternity leave due to illness is 36 weeks.

Hopefully someone who can give better answers will be along in a bit, but it could be worth ringing Acas for some advice. Have a read of this as well, might be worth giving them a ring

Indiechic Fri 20-Nov-15 16:42:36

You cannot be forced on to maternity leave with a pregnancy related illness until four weeks before your ewc. I would imagine you would be signed off sick by a doctor, but obviously this would be without pay, according to what you say about your contract. I'm not sure what would happen if you managed to work a few days a week but had to ring in/go home ill other days. Surely they would just have to put up with that, and couldn't force you to be signed off? I hope the sickness clears soon.

Unthoughtknown Fri 20-Nov-15 16:46:14

You can't even start maternity before 29 weeks, anything before will be sick leave/holiday or unpaid.

lizzywig Sat 21-Nov-15 09:22:42

At our place of work the matb1 firm that you get at 25 weeks is the required paperwork that they use to reclaim smp from the government. I would think this is the same for all employers, so I don't know how it would even be possible.

If you are sick and have exceeded full company sick pay, then you would still be entitled to statutory sick pay.

They can't force you to take holiday if for example the doctor has signed you off sick or you have self certified.
You might want to opt to use some holiday so that you can be in receipt of full pay, but not if the doctor has signed you off.

I hope you feel better soon. Try not to worry. It is not possible for them to start your leave this early or to deduct pay from future maternity pay.

I wonder where your manager got their information from!

dementedpixie Sat 21-Nov-15 09:32:28

Of course they can't start your maternity leave so early. The earliest it can start is 29 weeks and they can't force you to start your maternity leave unless you are off with a pregnancy related illness in your last 4 weeks of pregnancy.

Snossidge Sat 21-Nov-15 09:36:07

Sounds like you can take another 3.5 weeks of work sick pay and then either take annual leave or statutory sick pay. You can't start maternity leave til 29 weeks and they can't make you take it unless you are sick at 36 weeks.

MazyCrummy Sat 21-Nov-15 09:46:19

If you have to take SSP, just be aware it may impact on the amount of your maternity pay (at least for the first 6w) when it is based on average earnings during the qualifying period

Indiechic Sat 21-Nov-15 09:55:31

I can't remember all my HR stuff, but check out the LEL for receiving maternity pay.

Indiechic Sat 21-Nov-15 09:56:34

Also, when will you be entitled to paid sick leave again?

Pico2 Tue 24-Nov-15 10:58:17

Surely the insurance not paying out because it is pregnancy related is their problem, not yours.

strawberryandaflake Tue 24-Nov-15 11:06:47

Matb1 available from 20 weeks, not 25.

Mat pay can start from 27 weeks.

Just done these myself so I know. Before that it's sick pay from work. If you have used it up the. It will just be statutory sick pay. X

MaggieRose14 Tue 24-Nov-15 11:13:33

I was in a very similar situation to you last year. I know how stressful and isolating it is and how rough you must be feeling all the time!

My work let me use up all my sick pay, then put me on a phased return. I did some work from home and then started coming into the office for afternoons gradually going back up to full time at around 20 weeks when my hyperemesis had gone. I was admitted into hospital 4 times in total but eventually through the right medication, although nauseous I would manage without vomiting for 4-5 hours in an afternoon.

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