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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

To take maternity 4 weeks before my due date

30 replies

Heartburn888 · 15/10/2019 17:21

I’m 33 weeks pregnant.

I have started on with quite a bad back now and am considering pulling my leave forward and finishing 31st October, I am due 1st December.

Is this too early do you think?

I have asked work if they can do anything to help me with my back to which they have said no it’s my midwives responsibility to send me for physio as they don’t see the point in getting me a new chair or putting anything in place for me for the next 5 weeks, which I can understand their point. My midwife has said that my employer needs to put something in place as I have been off work prior to now with a bad back due to the chair i sit on and it shouldn’t matter if I am going off work in 2 weeks or 2 months for maternity because I am a pregnant woman who is employed by the company. My midwife said she won’t refer me for physio as by the time I’m seen I will of had my baby by then and I can also see her point.

Feel like I’m being fobbed off from both sides as the more sick days I take, the more go on my record and the less pay I recover that month (had 2 instances this month due to my back). I feel my only alternative is to start my leave early and I know I will regret it when the time comes for me to go back to work.

So my aibu is is 4 weeks too early to start my leave?

OP posts:

Original poster

Heartburn888 · 15/10/2019 17:22

Forgot to mention I work reduced hours now as well and no longer work Friday

OP posts:

starsinyourpies · 15/10/2019 17:30

Am pretty sure that any time sick that is pregnancy related should not count towards any disciplinary action about sickness. That is a terrible attitude about the chair!!

maternityaction.org.uk/advice/sickness-during-pregnancy-and-maternity-leave/

Stickybeaksid · 15/10/2019 17:31

Can you not get a sick cert for the week or two and then start mat leave as planned. I did this with both my pregnancies

starsinyourpies · 15/10/2019 17:31

Is your sickness absence unpaid?

QueenofPain · 15/10/2019 17:36

Pregnancy related sickness shouldn’t be counted towards anything!

YobaOljazUwaque · 15/10/2019 17:40

Go on ML from 31 Oct. That's perfectly sensible.

Plus if you go sick for something pregnancy related any time after week 36 your employers can automatically trigger your ML starting early anyway.

ActualHornist · 15/10/2019 17:40

YANBU, I went off at 30 weeks with my first pregnancy as I felt so ill. Best thing I ever did.

But your work are wrong and I’d be getting as much of that in writing tbh.

Original poster

Heartburn888 · 15/10/2019 17:52

They’ve given me two verbal warnings for sickness due to pregnancy related illnesses (morning sickness and bad back) one had just finished when I called in again. It was also unpaid yes.

My manager had suggested we discuss things tomorrow with regards to finishing early

OP posts:

Original poster

Heartburn888 · 15/10/2019 17:54

The reason I was going to work right up until my due date is for money reasons, new house, Christmas round the corner and still some bits to get 😫

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Yerroblemom1923 · 15/10/2019 17:58

I worked up until my waters broke at 38 weeks...I wouldn't do that again! (I thought 2 weeks prior to due date was reasonable but dd had other ideas!) 36 weeks is probably more reasonable.

SKMCR · 15/10/2019 17:59

I went off on Mat leave 35 weeks for both babies. It was lovely to relax before birth.

Mintypea5 · 15/10/2019 18:00

They are not allowed to count your pregnancy retakes sick towards your sick record and they shouldn't be giving you verbal warnings for it.

I wouldn't start maternity yet as it may effect you on the other side (length of time home with baby) but go see the GP get yourself signed off due to the pregnancy related bad back. Then start your maternity from 36 weeks (I only say this because I think if you're off sick at the point they can force) your maternity leave to start

This is from maternity action

"Your employer must record any pregnancy-related sickness absence separately from other sick leave, so that pregnancy-related sickness absence is ignored as absence and is not used to your disadvantage e.g. for disciplinary action, dismissal or redundancy"

"If you are not entitled to contractual sick pay or it has run out, you may be entitled to Statutory Sick Pay (SSP). If your employer refuses to pay sick pay during pregnancy (contractual or SSP), you may have a claim for pregnancy discrimination and you should get advice as soon as possible."

maternityaction.org.uk/advice/sickness-during-pregnancy-and-maternity-leave/

raspberryk · 15/10/2019 18:01

They are being unreasonable at work and it is their duty to sort your chair out, did you not have a risk assessment done when you told them you were pregnant?
Being warned about unpaid pregnancy related sickness? Wow what a company. They're skating on thin ice here.

codenameduchess · 15/10/2019 18:02

Pregnancy related sickness shouldn't count towards any disciplinary action - check the acas website for more info. If company policy is that it's unpaid you can't help that but you definitely shouldn't be worrying about warnings.

If your employer is refusing to make reasonable adjustments (eg. your chair) you can take that further such as a grievance, again check acas website or call them. If your back is an ongoing issue and not just pregnancy related they have a duty of care toward you.

Are there any other solutions? I'm pregnant (due 2nd dec!) and have been doing more home working because the long drive plus crap desk/chair set up was making my back and hips worse. Or could they provide you with a yoga ball to sit on (or other alternative- pillow, back support?)?

codenameduchess · 15/10/2019 18:05

Or take mat leave early if you want to, it's absolutely fine. have you financially planned for bringing it forward?

And you can always use holidays either end to either finish work earlier or extend leave at the end.

Original poster

Heartburn888 · 15/10/2019 18:53

My midwife suggested the ball but this is one of the things to be discussed tomorrow but if I’m honest I don’t think they will let me do it due to health and safety, if I roll off and bump my head or tummy for instance.

I will have to highlight this sickness thing to my manager tomorrow. To be honest I did think it was to be counted as separate but thought it was just company discretion if they did that. I think I may have misinformed slightly, I do get some sick pay from work but due to the number of absences I have had I no longer get this and am now on waiting days which is not paid so I don’t know if this makes a difference, I think I was paid for maybe 1 or 2 instances of pregnancy related and the rest have been unpaid.

Yes they carry out a risk assessment monthly and I tell them every time my back hurts because of the chair and they suggest I have frequent breaks away from my desk and we have a first aid room where there is a bed I am allowed to lay on which is really fucking uncomfortable so I don’t use it.

I work in an office on the computer but my midwife has said about getting an amended duties note but can’t think of anything else they can give me to do instead.

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codenameduchess · 15/10/2019 19:12

Could they give you a laptop to work remotely? Unless you physically need to be present in the office it's a reasonable adjustment.

leghairdontcare · 15/10/2019 19:21

Bloody hell, they need to sort themselves out. Definitely get them to retract the warnings if due solely to pregnancy related absence. Do you have any annual leave you can take to ease the financial issue?

GettingABitDesperateNow · 15/10/2019 19:26

They definitely shouldn't be giving you warnings about pregnancy related sicknessmaternityaction.org.uk/advice/sickness-during-pregnancy-and-maternity-leave/ next time print off some fact sheets eg from citizens advice and take them in the meeting. Only thing is if your back was a pre existing condition then they could argue it's not pregnancy related

Original poster

Heartburn888 · 15/10/2019 19:27

No it’s not been a pre existing, the chairs are not comfy anyway so it probably would of ached but I wouldn’t have taken a day off sick due to it.

Yes I will print some of them sheets off before I go in tomorrow

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GettingABitDesperateNow · 15/10/2019 19:33

Also Google health and safety at work act and HSE advice for pregnancy in the workplace and print off some fact sheets and take them with you.

Under general health and safety law they should be making sure as much as is reasonably practicable that employees carrying out duties are free from injury or disease including stress and bad backs etc. They have a legal duty to make sure that being at work doesnt make you ill. And they should have done a risk assessment when you told them you were pregnant because there are special protections in place. It doesnt matter if they dont see the point because you're only there another few weeks, even if you were a temp for a few days, the law fully applies to any employee. Its disgusting how they think they above the law. I would tell them in the absence of any positive action from them that you will be taking much more frequent breaks and whatever else may make you feel better at work eg working from home more often.

Also see if you can do some pregnancy yoga and see an osteopath. Even if see then once it can help and they can give you exercises to do to stop you getting bad again

Havingalieinisfab · 15/10/2019 20:50

If you’ve had a bad back before your pregnancy it’s a pre existing medical condition (that is possibly exacerbated by being pregnant) but not necessarily pregnancy related (which could trigger maternity leave depending on dates). When you advised your company you were pregnant they should have carried out a H&S risk assessment. From what you have described they are not aware of their responsibility as an employer and your strong employment rights as a pregnant employee. Do you have anything in writing re: the action they have taken to date? If so, I would print these, go to the ACAS website for further information, print the relevant information then go to the meeting and hear what they have to say. Honestly, the action they have taken to date is incorrect (it feels like they are not aware of legislation) and, personally, I wouldn’t take my maternity leave earlier as they should be making reasonable adjustments.

ArnoldBee · 15/10/2019 20:54

When I was pregnant with a bad back I was advised to roll a towel and put that behind me. Have you done anything like this? This was from the maternity physio who advised it will all go away on delivery- it dud until 2 years later!

Vampyress · 15/10/2019 21:15

When I was pregnant I was signed off due to back pain, you would certainly qualify for statutory sick pay so I would speak to HR regarding this. Also they should offer you anything within reason to make yourself comfortable including working from home and a foot rest alongside a better chair. On the basis that your working conditions have exaggerated your problems they are leaving themselves wide open, let alone mis-recording your absences. I went on mat leave early due to being unable to cope with the pain and commute/work any longer (about 6 weeks) and then baby was late and I felt so sad losing that time. The bugger was 11lbs so no wonder I was in agony

Original poster

Heartburn888 · 15/10/2019 22:25

This is my point I know I’ll regret going off early at the end of my leave when I have to leave my son early :( it will be hard leaving him anyway.

I’m going to suggest the working from home and I will try the towel thing as well if they don’t go with the working from home.

I do have a foot rest but it’s a shabby little thing and I need something that is quite high, I currently have a stack of boxes but it’s not sturdy and they get moved frequently so it’s pointless using it. Someone else has previously turned their bin upside down and used that but I use my bin every day so I can’t really sacrifice my own.

Thanks for your input everyone it’s been a real eye opener. I think it’s my manager tbh who is clueless as HR at my place is pretty good and on top of things. Departments are not very good at talking to each other though.

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