Maternity leave advice

[Halloweenbabyy]

Just looking for some advice hopefully someone will be able to help.

I’m 26 weeks pregnant, and I have been advised by midwife that I should not be going back to work as I am in the at risk category and that’s what’s been recommended by the government.

I asked the midwife if that means I now must start maternity leave - she said absolutely not and that I am entitled to SSP and for maternity leave/pay to kick in at 36 weeks.

My manager is adamant I will start maternity leave within the next couple of weeks. Quiet upset over this as it means I will loose time with the baby and will mean that I need to return to work quicker than I originally wanted to.

I have looked for advice on the internet and it all points to that my midwife is right and manager is wrong?

the law is very clear - maternity leave will begin …

automatically if you’re off work for a pregnancy-related illness in the 4 weeks before the week (Sunday to Saturday) that your baby is due

www.gov.uk/maternity-pay-leave/leave

your MW is correct

As above, if your GP or Midwife will sign you off sick for a pregnancy related reason then you'll get statutory sick pay or contractual sick pay in line with your contract. Your employer also can't discipline you for taking pregnancy related sick absence, nor use it against you in the future.

If you're still off sick for pregnancy reasons in the 4 weeks before your Expected Week of Childbirth (Sunday to Saturday) then they can end your sick leave and start your maternity leave.

Coronavirus is not a pregnancy related illness. You have been advised to social avoidance (unless the guideline changed today which I'm not aware of) so if you can work from home your employer should support you. If you can't work from home your employer needs to support you to avoid unnecessary contact. But no you should not start mat leave early.

What do you work as OP? And is there more than just pregnancy which makes you a risk category?

www.gov.uk/government/publications/covid-19-guidance-on-social-distancing-and-for-vulnerable-people/guidance-on-social-distancing-for-everyone-in-the-uk-and-protecting-older-people-and-vulnerable-adults

You cannot start maternity leave until 29 weeks. Your employer cant force you to start it early unless you are off with a pregnancy related illness in the last 4 weeks of pregnancy. You can get signed off work until 36 weeks and then start maternity leave at that point

If you are off because of Coronavirus at 36 weeks then you don’t have to start your mat leave then either - you can stay on sick leave. Of course, you may decide that you want to be on mat leave then, but it’s been confirmed that being off work because you are pregnant and self isolating for Coronavirus does not trigger maternity leave at 36 weeks either. I can’t find a news story, but it was said in parliament so you can find it on Hansard if you really want a source!

I would argue that her sick note goes not say 'pregnancy related illness' get your midwife to put something else then you keep getting a repeat sick note right up until you give birth to your baby.
Your work are trying to strong arm you so they can save money but they must have your consent so under no circumstances agree to starting Mat leave!!

Mw is correct. Does your mama actually know how many weeks you are, and that weren’t talking at cross purposes

Contact maternity action- they are very helpful. I emailed some factsheets from their website to my manager and she soon calmed the fuck down.

Your manager is wrong, get as much in writing as possible.