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Maternity

(11 Posts)
Rebecca2015 Wed 24-Feb-16 19:38:58

Hi I am 34 weeks pregnant and I set with my employer to to leave 2 weeks before my date but I am struggling with not sleeping and really bad leg/hip pain and need to go early, I have taken 2 days off sick which I can't afford and don't know what to do as they said I need to wait for my replacement before I can start.
Is that right or do I have the right to leave now?
Thank you

Fifi10 Wed 24-Feb-16 19:46:54

If your GP signs you off you can go now, they would then force you to take this as mat leave from 38 weeks as it is a maternity related sick leave but I don't suppose that matters too much?

Not knowing what your job is I'm not sure whether you'd get SSP or something else whilst signed off by GP. I'm also not sure what notice you'd have to give your employer to start your mat leave earlier than stated as most employers would sooner agree to you doing this than going off sick.

They are definitely wrong in saying you can't go on leave until replacement starts though.

eastpregnant Wed 24-Feb-16 19:48:49

Sorry you're struggling. I'm afraid I think they're right - you need to give them 28 days notice of your maternity leave start date.

They have a duty to keep your risk assessment up to date though and to make reasonable adjustments to enable you to work. Is there anything you could request which would make it a bit easier to continue?

hotchilipepper Wed 24-Feb-16 19:54:56

If you go sick now with a pregnancy related illness they will start your maternity at 36 weeks.
If you're ill just go on the sick, you need to rest. They should have sorted your cover out before now!

Rebecca2015 Wed 24-Feb-16 19:57:15

I spoke to my GP and he just prescribed codine which I really don't want to take and he said he can only sign me off after a week of sickness I'm not sure why though.
I work from home on the phones in customer service so while it's great not travelling it's very stressful as I get a lot of irate customers and it's very repetitive I just feel like I can't cope without sleep.

I feel like it would benefit them me going on leave instead of calling in sick but they seem to be making it difficult I think because they know I can't afford more sick days.

Fifi10 Wed 24-Feb-16 20:07:47

Sorry, I got it wrong before it 36 weeks mat starts if you're off sick.

GP would expect you to self-certify for the first week, they would then sign you off for the subsequent week(s) if needed.

eastpregnant Wed 24-Feb-16 20:12:14

Sorry, I completely missed that you're already 34 weeks. hot chilli is right that if you're on pregnancy-related sick leave at 36 weeks your maternity leave should start then. In the meantime though you can only get sick pay.

I'm not sure why your GP won't sign you off - as far as I know they don't need to wait 7 days to do this.

eastpregnant Wed 24-Feb-16 20:17:04

Oh, here you go: www.gov.uk/taking-sick-leave

Apparently GPs can charge a fee if you ask them for a sick note before 7 days. I never knew that!

MrsPCR Thu 25-Feb-16 08:03:18

I'm in a similar ish position. I'm 36 weeks, planned to work to 38. Would a reduction in hour help? I've been part time since 32 weeks and had a fit for work note from the doctors. I have since had to reduce my hours again this week, but they haven't sorted cover hmm, so I've been lucky in that they need me for some aspects more than they'd like to admit! Therefore not forced to take mat leave.

When I spoke to them yesterday there was an implication I couldn't leave early because they didn't have cover, but at the end of the day, that's not my problem or yours! My midwife was quite adamant that I make sure I do what is best for baby.

You are looking at a maximum of 3 weeks early. You could easily be unexpectedly sick for that amount of time and they would just have to deal with it.

Look into part time or self-certify for a week. Give your colleagues a heads up that you're expecting to be off now. Chances are they'll agree to mat leave and if needs be you can get a Drs note for final two weeks taking you to 38. If you have a Drs note, they CANNOT argue with it. Good luck!

MrsPCR Thu 25-Feb-16 08:04:27

Sorry, self-certification is 7 calendar days but as I and a lot of people work mon-fri I see it as 5 days in my mind grin

Pinkheart5915 Thu 25-Feb-16 10:39:42

You could go to see your GP they may sign you off if you explain your really struggling with pregnancy symptoms, they did for my sister around 33 weeks

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