Nanny 20 weeks pregnant when she started job!!

I think it's any sick leave in the final 4 weeks that triggers automatic maternity leave, not just pregnancy related illness. Probably best to double check that point.

If you can determine when she should go on leave, why not ask her to leave from the earliest point (i.e. week 29) and get a new nanny from then on? That was you are not having to worry about her going into labour on the job.

i am a childminder and i had my daughter around 37 and half weeks mayb 38 and a half. i work monday to thursday so when i finished on thursday i inteeded to start back on monday but my waters broke the early hours of friday morning. at the time i looked after 2 boys 1 who had just turned 1 and the other who had just turned 2. sometime i did get tired but i rested when the 2 of the went for a nap which was usually at the sametime. also in the afternoons i would just take the child out on random walks about to stop me sitting at home and feeling tired it also helped to the the almost to year use to walking at once my daughter was born he was out the pram and onto buggy board. so it may not be that bad letting her wrk right up.

Hi ya
She knows about the rule where if she has a pregnancy related ailment past a certain point the maternity leave automatically starts. That applies to office workers too - of course. What is upsetting her is the fact that she could hire someone to start from X date as maternity cover, then if the nanny goes off and the person can't start earlier it's getting cover for that period or taking time off. When you have limited time off per year, this isn't actually a minor inconvenience. Her husband is a teacher, like my DH, and can't help.

Maybe just postpone the temp appt til nearer the time? Also not exactly a relaxing route but it might be the best option.

Of course this can't be helped - and as I said in her shoes, probably I'd try to work as long as I could too.

Harriet - think there is something in the maternity leave rules about what happens if someone takes off a certain amount of time sickness as a result of pregnancy... that after a certain point, maternity leave starts regardless of what was previously agreed with employer. Found it... see BusinessLink: When maternity leave can begin
It's only if the absence is after the beginning of the fourth week before the Expected Week of Childbirth.

There is nothing my friend can do about this, accd to her HR department. Is really worried about the nanny being exhausted towards the end or even what she will do if the nanny goes into labour(which I can understand, my DD2 was born at 35 and a bit wks). I would be curious if other people have been in this situation.However, if I were facing only stat maternity pay I suspect I would do the same thing. And of course in an office you're allowed to. I caused a lot of inconvenience to my colleagues, it has to be said, not being better organised when DD2 came (thought I'd be late again).

Another offshoot from orig discussion sorry.

So could you say, no you can't work until 38 wks (as my friend's nanny intends to) you have to start it by X (if you got a good temp lined up?)

I wondered that, Blondes. It doesn't sound like natural justice, as tribunals would put it. Things should be fair, not weighted towards one side or the other. And women should be a bit more professional. 'I was scared of telling you' doesn't really cut it IMO. One just has to bite the bullet and explain. Like a grown up.

Nick, it was two years ago but I just bear grudges a long time ...

so what is the point in having the 25weeks rule if when you dont tell your employer that you are pregnant then it doesnt make any difference

I wonder about Nanny Tax's advice on pt five. Although it would be risky to challenge her. £10K lawsuit [shiver emoticon].

Oh BoffMonster, sounds like you have been having a hard time with a recent tenant. Hope next tenants are much better.

HantsPants - at least you now know that she isn't coming back, so that may make it easier to recruit someone. Now that she has made that decision (hope you got it in writing) is she able to change her mind?

O, o, and while I am ranting, they even asked the lady next door to do their gardening for them and left owing her over £100 and she is not well off at all.

Finished now.

It's a bit like tenants. They can basically be in a bit of a spot financially and offer to pay you as and when they can (which decent people do), whilst respecting the renatl property, or they can be completely calculating and decide they are disinclined to pay the rent because you can't evict them for three months anyway (which crooks do). In fact it is a criminal offence to harrass them for the arrears, including sticking up a great big sign in front of the house declaring that they owe you money and that nobody shouls trust them an inch (that would be my preferred non violent but assertive approach if it was legal). They can then run up massive credit card and utility debts during said three months (also leaving them unpaid so the next tenants have the pleasure of dealing with the debt collectors), trash your house, let the cats that they are not allowed to have there because of the lease piss all over the carpet and leave hairs all over the curtains, and generally behave like spoiled adolescents, even though they are in their forties and working in an IT job that brings in more than their landlord is on. They can then do a runner for good measure.

DO YOU HEAR ME ALAN?????

Basically the law can be a bit pants when it comes to small business.

5 - she has to tell you but if she doesnt then there is bugger all you can do?

is that right?

good luck with the hunt

According to Business Link the nanny will be entitled to take 52 weeks ML. Even if she has no intention of returning, she'd actually be better off not giving notice as she would continue to accrue holiday whilst on maternity leave. If she fails to return to work after maternity leave, would have you have to pay this in lieu?

From website:

Notification and confirmation of maternity leave
To qualify for maternity leave, an employee should notify you no later than the end of the 15th week before the expected week of childbirth (EWC) - the 'qualifying week' - of:

The fact that she is pregnant.
The expected date of the baby's birth.
The intended start date of her maternity leave - this cannot be earlier than the beginning of the 11th week before the EWC. The expected date of birth is given on the MATB1 form that the employee receives from their registered doctor or midwife to confirm that they are pregnant. Note that an employee can change the start date of her leave - see the page in this guide on when maternity leave can begin.

Failure to give the required notification
If an employee doesn't give you the required notification, she loses her right to start maternity leave on her chosen date.

You only have to make an exception to this where it was not reasonably practicable for the employee to give you notice any earlier.

For example, the employee may not be able to notify you properly if her baby is born much earlier than expected, eg well before the qualifying week. In these circumstances, she still qualifies for 52 weeks' statutory maternity leave. See the page in this guide on when maternity leave can begin.

So... does that mean you could expect her to work until the day she gives birth?

well if it was me and i was only entitled to 2 weeks unpaid maternity then return with no baby i was would just not return to wrk and take the full maternity leave on maternity allowance and start to look for a job nearing the end of my maternity leave. in no way would i be forced to do something that i didnt want to do like return to wrk after 2 weeks and leave my little new born.

thats what i said boffy - as she didnt inform op that she was pregnant within the 25th week - yet she had known for 3weeks

obv it was a shock to her and wanted to sort out things in her head but she didnt do things legally

Just to clarify, I am not convinced she is entitled to 52 weeks off.

She has actually been rather foolish in not telling her employer in time.

It has been nagging away at me, and have just looked at a few official websites, including Directgov and so on. I fear that because she failed to follow the correct notification procedures, she may in actual fact not be entitled to anything other than 2 weeks off and for her job to be held open in the meantime.

I reckon professional legal advice is needed as this is going to be a minefield.

If someone was totally upfront with me I would be more generous.

The nanny can still take the full maternity leave and return to the same job (without the baby though) - and she'll probably be entitled to Maternity Allowance which is the same as SMP anyway, so it won't make much difference to her.

I've been following this thread with interest as am likely to be in the same position of changing jobs while pregnant next year too.

Well, I would take great care to make sure I had complied with the law on all counts. But no more or less. She has only been there five minutes and there has been a bit of being less than straight with her employer, which does not augur well for the future.

she's entitled to the statutory 52 weeks maternity leave. by that time she may be happy to leave her child at nursery or whatever.