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My working rights in pregnancy

(34 Posts)
lovelycharlotte86 Mon 30-Jan-17 13:23:58

Having had a difficult year suffering a miscarriage earlier in the year, falling pregnant and suffering from severe morning sickness which needed more than 8 weeks sick leave, then suffering a bout of bronchitis and sinusitis I have had to take a fair amount of time off due to sickness all allocated by the doctors with sicknotes as required. I am now 28 weeks pregnant and have been told I have Pelvic Girdle pain and need to adjust my physical working duties. My work have informed me that they are unable to make any changes to the physicality of my job role and I will need to take this time off as sick leave.
They have also informed me I am close to triggering my sick pay cut off and will soon be reduced to 1/2 pay. They have spoken to me and made it clear that if I continue to be on sick leave past week 29 of my pregnancy they are able to enforce maternity leave.
I would like to know what my legal rights are in his situation, If my work are unable to change my work role to get me into work is it fair that I should be expected to take time off sick and risk reduced pay when I am well enough to do a less physical role within the school?

SuperSange Mon 30-Jan-17 13:32:53

I can't comment on you being able to take another role, but they certainly can trigger your mat leave if your illness is pregnancy related.

2014newme Mon 30-Jan-17 13:35:30

If you move to half sick pay will that impact on your maternity pay?

2014newme Mon 30-Jan-17 13:36:28

What is the job, are you a pe teacher?

lovelycharlotte86 Mon 30-Jan-17 13:36:54

yes would be affected by quite a lot i imagine.

BaronessEllaSaturday Mon 30-Jan-17 13:38:00

They can not trigger mat leave till 36 weeks. If they can not offer appropriate work they have to let you stay home on full pay it is not sick leave .

lovelycharlotte86 Mon 30-Jan-17 13:40:30

I work in a special school - Am expected to support non ambulant secondary students in the swimming pool, support with changing and with hoisting and work on the floor, support with standing frames and with physio my job is fairly physical on a daily basis even when i am trying to be careful.

2014newme Mon 30-Jan-17 13:41:09

Baroness what makes you say they have to let her stay home on full pay? I don't think that is correct. If op is unfit for work and they can't make adjustments then she is off sick.

SheRaaarghPrincessOfPower Mon 30-Jan-17 13:42:00

So, just to clarify -you've been back to work in the meantime, and now you need to be signed off sick because they are unable to make adjustments to your role?

Have you checked your contract regarding going down to half pay? This is a different reason for you being off, it doesn't sound right that they can just tag it onto sick leave that you've already taken.

the rules have changed with regards to sick leave triggering your maternity leave. It's from 36 weeks now.

qwertyuiopasdfghjkl Mon 30-Jan-17 13:42:33

Message withdrawn at poster's request.

BitchPeas Mon 30-Jan-17 13:44:23

They cannot enforce maternity leave until 36 weeks pregnant. And if they can't make reasonable adjustments for you in the work place then they can't force you to go off sick, could you get a fit note from your doctor saying what you could do? Are you in a union? If not call ACAS

SheRaaarghPrincessOfPower Mon 30-Jan-17 13:44:39

www.maternityaction.org.uk/advice-2/mums-dads-scenarios/pregnant/health-and-safety-during-pregnancy-and-on-return-to-work/

Is this applicable?

"^If there are still risks and you have notified your employer in writing (see the next section) that you are pregnant, breastfeeding or have given birth in the last six months, your employer must consider the risks and take action as follows:^
Step 1: temporarily alter your working conditions or hours of work, if this is reasonable and avoids the risk, such as allowing extra breaks, ensuring that you can sit down and avoiding heavy lifting.
Step 2: If that is not possible, your employer must offer you suitable alternative work on terms and conditions that are not substantially less favourable than your original job.
Step 3: If there is no suitable alternative work, your employer must suspend you on full pay for as long as necessary to avoid the risk.^"

BitchPeas Mon 30-Jan-17 13:45:33

Also pregnancy related sick does not count toward normal sickness so they should not be able to cut your sick pay down to half.

lovelycharlotte86 Mon 30-Jan-17 13:49:14

SheRaaarghPrincessOfPower - That is correct - I have checked and the sick pay thing does seem to be true i get 100 days full pay sick leave per year and this is pro-rated down due to working only 3 days a week. It seems regardless of what the reason for taking the leave it is the actual amount of time off work which counts.
My concern is i am able to work - if i worked in an office or was not class based i wouldn't have the trouble. The school are 100% unwilling to change my job roll thus meaning i am having to take sick leave. Yet i am not severely sick just unable to do the specific roll I am employed for - surely they should be required by law to support any disabilities i have due to my pregnancy and support my return to work.

McBaby Mon 30-Jan-17 13:54:59

I was signed off from 26 weeks in first pregnancy in an office job due to severe spd.

They can't make you go on mat leave till 36 weeks but sickness pay will be inline with the sickness policy unless they can use their discretion and keep paying you.

Viviennemary Mon 30-Jan-17 13:55:06

I think they are acting unreasonably and you are being discriminated against because of pregnancy. You are just not able to do heavy lifting at present. Are you in a union because they would be able to advise you. You shouldn't be forced to be off sick just because you can't do heavy lifting.

qwertyuiopasdfghjkl Mon 30-Jan-17 13:55:31

Message withdrawn at poster's request.

SheRaaarghPrincessOfPower Mon 30-Jan-17 13:55:52

They're refusing to make adjustments and as a result, you're being forced to take sick leave.

This isn't correct. If they won't/can't adjust your role so you can avoid heavy lifting/standing for long periods, you are unable to do your role.

I'm not sure on the sick pay issue though. I don't think pregnancy related illness counts in the same way that normal sick-leave would.

Viviennemary Mon 30-Jan-17 13:57:12

Turn up for work and refuse to do the physical job and then they will have to suspend you which I bet they won't do. IMHO. don't be bullied into being off sick when you would lose out on pay. Why should you.

SheRaaarghPrincessOfPower Mon 30-Jan-17 13:57:29

How much sick leave have you had THIS year? Was all the other leave 2016, and does your work re-start it from January?

SheRaaarghPrincessOfPower Mon 30-Jan-17 13:57:43

"Turn up for work and refuse to do the physical job and then they will have to suspend you which I bet they won't do. IMHO. don't be bullied into being off sick when you would lose out on pay. Why should you."

THIS.

qwertyuiopasdfghjkl Mon 30-Jan-17 14:04:20

Message withdrawn at poster's request.

Moreisnnogedag Mon 30-Jan-17 14:06:47

Absolutely do not accept sick leave. My work tried to pull this nonsense when I couldn't do nights so I forwarded them the government leglislation and then suddenly they could find alternate work.

Boosiehs Mon 30-Jan-17 14:10:38

Time off for pregnancy related illness does NOT count towards sick leave.

If you are otherwise well you should be paid,

See here:

www.gov.uk/working-when-pregnant-your-rights

BaronessEllaSaturday Mon 30-Jan-17 14:54:36

2014newme what makes me say that is because it is correct as per the link SheRaaarghPrincessOfPower posted.

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