Hello,
Im trying to help my Sister who is having a few problems with her Employer at the moment, but having trouble finding the info I need so was hoping some lovely person on here may be able to assist!
I will try keep it as short as possible but honestly its a long story:
My sister works in the community as a Carer. In June last year she lost her little boy at 27 weeks pregnant - his heartbeat couldnt be found during a scan and she gave birth a few days later.
At the time my Sister was on Sick Leave due to complications with the pregnancy and the morning after my nephew was born I spoke with her Employer to inform them of what had happened as she was to be put straight onto Maternity Leave.
Come round to this year and my Sister is currently now 30 weeks pregnant - she has again been on Sick Leave, due to pregnancy complications for the last almost six weeks i think. (She loves her job, doesnt want to be stuck at home, but of course the safety of the baby is the most important thing at the moment.)
When she was first put on sick it was for a week, which she informed the company of, then the Doctor said another two weeks, again informed them. I took the Doctors notes into work for her at that point as she wasnt up to doing much - to be pretty honest she was terrified of going into the Office anyway as the Manager there hasnt been particularly nice to her previously - had told other Carers about her son being stillborn and warned them not to ask my Sister about it in case it upset her, so cue a lot of talking between themselves until one colleague told her what had been said etc as well as advising maybe a termination would be best this time when she advised them she was pregnant.
Anyways, when I dropped the notes off I was asked how she was doing etc, and did advise she would be away until the Doctor saw fit to let her back but would keep them updated.
Since then they have called/texted my Sister numerous times a week trying to find out what is going on - she hasnt answered every time but when she has shes kept it simple 'baby is okay at the moment, but im taking Doctors orders until told otherwise'.
Now it has been a really hard time for her, still is, and I took her up to the Office last week to hand in the most recent Doctors notes. One Supervisor? took her in the back room to speak and asked her what was wrong etc, spoke about when she wants to start maternity leave - theyre saying mid-August. Thats fine.
Comes to last week, payday. My sister has received what looks to be around 8 days sick pay - thats it.
When emailed, the Office have come back eventually and said that as the notes werent handed in until the 29th they wont be processed until next month.
Also asked about holiday pay and they have stated that she has 11 hours of holiday to take.
My sister replied to ask how the holidays were worked out - she was told she didnt get any last year -, and why she wasnt advised pay would be held if they didnt physically have the docs notes - not been advised they needed them straight away, just to keep them updated on what was happening which we did.
The Main Manager has now replied stating holiday info, that she would get SMP this time rather than the MA like last time - and added that she didnt accrue any holidays during her last maternity pay as ' you didnt earn enough for the company to pay you Mat Pay there would be no holiday accrued during this period'
I thought holidays were still accrued during Maternity Leave whether you received SMP or MA - am I wrong here?
They have also attached an Employee handbook, something which my sister has not had before - but not her 'Individual Statement of Main Terms of Employment' which is referred to in the handbook many times. She has not idea what this is either.
My sister is ready to call it a day and forget about it all - she has enough going on - however I dont think she should. What they are saying does not seem correct, and given that last time when she gave birth early I myself had to find out and talk them through correct procedure Im not sure they have done it right this time either, but Im stuck as to how to now advise my sister.
So sorry for the long post!
Oh and to add to this I last year I gave the Manager my contact number for any info they required relating to starting her ML after my nephew was stillborn - i was handling everything whilst my sister stayed in hospital - Ive since found out they have kept my contact number as someone else from the office used it to contact me last week to ask what was wrong with her. Surely they shouldnt still have my personal contact number or be using it for any reason now?
Thank you if you managed to stay to the end of this!
Any help/advise would truly be appreciated as I want to make sure this is handled properly.
Thank you!
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Issue with Employer over SSP / MA
4 replies
JustABasicWitch · 07/08/2019 02:26
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