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Maternity Leave

(11 Posts)
concerneddaddio Tue 26-Jan-16 06:09:50

Morning all, wonder if you could all help. My parter is a healthcare assistant who works by visiting people in their homes to assist with living and care, sometimes helping those to bed on late nights and also things lie bathing clients.

She is 7 months gone and really showing/heavy and finding things a struggle, the company she works for work you to the bone and she is finding work difficult now. She gave the 28 day notice last night for Mat leave is there any way from a physical perspective she can take this earlier? She has only 4 days leave to take but they are being difficult with allowing her to take it. She i really struggling and we are wondering if she could say take it next week or something?

Thanks for all advice

bluewisteria Tue 26-Jan-16 06:14:24

I think she can be signed off with sick leave for pregnancy reasons without it affecting her maternity leave. Is she entitled to full sick pay?
She would need to visit her GP and get a formal sick note for exhaustion/stress due to pregnancy.

Heirhelp Tue 26-Jan-16 06:34:21

Past a certain date if you are signed of for pregnancy related sickness pay it will tigger maternity leave.

Has she had a risk assessment?

Yes she can take maternity leave earlier. If she is too ill to work today then ring in sick and then contact Midwife or GP.

confusedandemployed Tue 26-Jan-16 06:38:23

Has she had a maternity risk assessment (hollow laugh, I'm willing to bet my pension she hasn't). She's is entitled to one at every stage of her pregnancy and her employer must make reasonable adjustments for her according to the results of the assessment. If this is not possible they must suspend her on full pay until she can return to work (or after her mat leave).

Obviously there are benefits to this over and above going on sick (she's possibly able to work for longer, earn more money and of course gets full pay if she needs to be suspended).

She could ask for one but I suspect she'll get nowhere (apologies if I'm judging her employer unfairly by other care agencies' standards). This is all kinds of wrong but in her position she's hardly going to want a battle so may well just go off sick. Bear in mind if she does that her maternity leave will be automatically triggered at 36 weeks, regardless of when she has told them she's going.

concerneddaddio Tue 26-Jan-16 08:10:03

Wow thanks for the swift responses, to answer a few questions

- Midwife thinks she should be on Mat leave already and surprised she is still working

- reasonable adjustments, none made unfortunately and the company are very difficult in these circumstances, it does not come into play although I am aware they need to make some if needed even if doing easier calls. They are historically bad with other employees

- She has been there 7 years, unblemished record inclusive of sickness so will get full Mat pay

So sick leave is probably the best way to go and she will not have to give the 28 days notice? and her maternity pay will kick in at 36 weeks. She handed her notification of mat leave last night stating 22nd Feb, this will bring her under the 36 weeks, would she still get it from that date if on sick leave?

confusedandemployed Tue 26-Jan-16 08:21:31

Yes she would unfortunately. I hope she has a decent break before baby comes. Employers who deliberately flout the law and ignore their responsibilities make my blood boil.

concerneddaddio Tue 26-Jan-16 09:04:57

Thanks, just to clarify she would still get her maternity leave from the 22nd Feb and not a couple of weeks later when the 36th week kicks in.

She is in no fit state for physical work.

confusedandemployed Tue 26-Jan-16 19:16:02

Sorry been at work. If her notification of mat leave is before the 36th week then yes - they would use the earlier date.

StubbleTurnips Tue 26-Jan-16 19:19:29

If you go on sick prior to your mat leave date, and any time after 27w your company are obliged to start your maternity leave from that point.

Just letting you know that her maternity would potentially start as soon as she's off sick.

dementedpixie Tue 26-Jan-16 19:23:02

That is not true. They can only start maternity leave early if you are off with a pregnancy related illness in the last 4 weeks of pregnancy. She could stay off on sick leave until the maternity leave date she stated is reached and then maternity leave would start. (If she was due to start maternity leave before she was 36 weeks pregnant)

dementedpixie Tue 26-Jan-16 19:28:42

Also, the earliest maternity leave can start is 29 weeks

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