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Original poster

Maternity leave and sickness

35 replies

Stella8234 · 15/03/2013 16:53

Just a general enquiry really because I'm so stressed out about the situation I am in with my employer. I work as a registered nurse for our local nhs foundation trust. I am currently 27 weeks pregnant and about 7 weeks ago I was diagnosed with SPD. I have been unable to work for the past 2 weeks as my mobilityhas been seriously affected. The physio and doctor both say physically I can no longer do my job and my gp signed me off on long term sick as they say the problem will get worse rather than better. I contacted my employer yesterday and informed them of the situation to be told they will commence my maternity leave early- 11 weeks prior to EDD. Does anyone know if they can legally do this? And if they can do this will I be able to request to return to work instead and do very light duties to prevent this from happening as I don't want to lose the time with my baby, it's too precious!

OP posts:

FattyMcChubster · 15/03/2013 16:56

Yes they can I'm afraid. Don't know the specifics but it's legit.

BabyRoger · 15/03/2013 16:57

No. They can't. If you are ill in the last 4 weeks they can start your leave - not the last 11 weeks.

See this website:

www.maternityaction.org.uk/sitebuildercontent/sitebuilderfiles/sicknessduringpregnancymaternityleave.pdf

Phone your HR Department.

MirandaWest · 15/03/2013 16:58

I thought if you were ill in the last 4 weeks of pregnancy ie from week 36 you could be made to start maternity leave early which would suggest you couldn't from 29 weeks. Will try and find more to support my feeling

MirandaWest · 15/03/2013 16:58

Ah cross posts with someone who knows more than I do :)

BabyRoger · 15/03/2013 16:59

It is definitely 4 weeks OP - not 11. Phone your HR. An NHS HR Department will know all about this.

BabyRoger · 15/03/2013 17:01

Here's the government link:

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

FattyMcChubster · 15/03/2013 17:02

Sorry, I was led to believe it was longer. Apologies.

ilovepowerhoop · 15/03/2013 17:08

I answered on your other thread and agree they cant start your leave at 29 weeks, only if you're off with a pregnancy related illness in the last 4 weeks before your EDD. You could be off sick until your maternity leave is due to start and ot would start automatically 4 weeks before your due date if you were still off with the SPD.

Original poster

Stella8234 · 15/03/2013 17:17

I tried ringing my HR department several times today and they said they would get back to me but didn't. I also tried contacting my local branch of unison as I am a member but no-one answered the phone. I contacted my modern matron to clarify if they definitely could the secretary said they'd ring me back and no response. I tried contacting maternity action helpline but they only work limited hours so I contacted a group called ACAS and they said with nhs employees having other benefits it may affect my maternity leave. There's a girl who works a similar job to me she said they enforced she commenced maternity leave at 29 weeks. I just don't know what to do.

OP posts:

BabyRoger · 15/03/2013 17:21

I'm surprised at ACAS! Your 'other benefits' with working for the NHS relate to occupational maternity pay.

Try not to panic. Wait for your HR Dept and Unison to call you back. They cannot force you into maternity leave until you are 4 weeks before your due date.

If neither call back, call HR and Unison again on Monday.

Original poster

Stella8234 · 15/03/2013 17:21

I have read on several government and legal websites that it is for me to choose when to start maternity leave after 29 weeks of pregnancy and the employer can only trigger my maternity leave to start 4 weeks prior to EDD if I'm off sick but now I don't know what to believe.

OP posts:

Original poster

Stella8234 · 15/03/2013 17:24

So do u think ACAS is wrong baby roger? I can't understand how you should be penalised because of what your occupation is. Surely maternity leave is for the benefit of the babys development as well as the mothers recovery so I can't see how cutting it short by starting it off early will help either if us.

OP posts:

ilovepowerhoop · 15/03/2013 17:37

from the hmrc Employer Helpbook for Statutory Maternity Pay: (get them to call the number at the bottom if they refuse to believe that they can't start your maternity leave at 29 weeks)

Pregnancy-related absence

If the employee is absent from work because of her
pregnancy and the absence continues into or starts within
the four-week period starting on the Sunday of the 4th
week before the week baby due, see the tables on pages
33 and 34, there are special rules for when her leave
starts and when you start to pay.

The SMP pay period and her maternity leave start on the
day after the first complete day of absence from work
because of her pregnancy within the four-week period.
This may mean that you have to pay a mixture of wages
and SMP at the beginning or end of the period.

If you are not sure whether the employee?s absence is
caused by her pregnancy contact any HMRC office or the
Employer Helpline for advice on 08457 143 143.

ilovepowerhoop · 15/03/2013 17:38

from this booklet www.hmrc.gov.uk/helpsheets/e15.pdf

Original poster

Stella8234 · 15/03/2013 17:45

Thanks Ilovepowerhoop. Just want to be armed with relevant information when I speak to my employer on Monday. Can't understand why they would want to cause me so much stress over the weekend.

OP posts:

Original poster

Stella8234 · 15/03/2013 18:15

Well I've just been informed by one of my work colleagues they can start maternity leave off 11 weeks from EDD because it's in work policy :-/

OP posts:

BabyFaker · 15/03/2013 18:20

At my work place it is 11 weeks - same as your employer OP

ilovepowerhoop · 15/03/2013 18:26

but surely they can't go against what the government has set out in legislation.

ilovepowerhoop · 15/03/2013 18:28

p.s. the earliest you can start maternity leave is 29 weeks but work cant force you to start it then

Original poster

Stella8234 · 15/03/2013 18:34

Can't even download my work policy at home to check.

OP posts:

pinkbear82 · 15/03/2013 18:36

I think it has something to do with SSP - if you only get that from work I think they can put you on mat leave from 29 weeks. I'm in a similar position. Try phoning your CMW they should be able to help you understand it all. Think it does all depend on work policy too.

ilovepowerhoop · 15/03/2013 18:40

no they cant! if you only got SSP then it would may affect your maternity pay. They cannot make you start 11 weeks early even if it is in the works policy as it is against government legislation.

BabyFaker · 15/03/2013 18:41

Perhaps the difference is:

Off sick - enforce SMP 11 weeks before

Off sick for PREGNANCY RELATED reasons - 4 weeks

It's not clear is it?

Or perhaps it depends on your employer's maternity package? If you are only entitled to SMP then it's 4 weeks. If there is enhanced maternity it's 11 weeks.

ilovepowerhoop · 15/03/2013 18:57

www.maternityaction.org.uk/sitebuildercontent/sitebuilderfiles/sicknessduringpregnancymaternityleave.pdf - you have the right to sick pay during pregnancy in the normal way. They can only start your maternity leave/pay in the last 4 weeks. It is the law and work policy doesnt trump that!

BabyFaker · 15/03/2013 19:07

Interesting... I can understand a small business getting it wrong but not the nhs/public sector!

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