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Do i have to give my employer a copy of my babies birth certificate?

9 replies

Hattie05 · 08/06/2010 14:04

Hi will be returning to work soon after maternity leave. my employers are asking for me to send the babies birth certificate in.

Do i have to?

I submitted a mat b1 form initially and i thought, that no matter what the outcome of the pregnancy is, you are entitled to the same leave etc.

I don't want them to have a copy of my babies birth certificates on their files.

Any legal experts out there able to help?

Thank you,

OP posts:
potplant · 08/06/2010 14:09

I didn't and I wouldn't have done if they had asked.

I can't quite see wht the point is? To prove you had a baby - isn'tthat kind of obvious anyway.

fuzzywuzzy · 08/06/2010 14:11

I've never had to I've had two children, whilst employed.

mumoverseas · 08/06/2010 15:31

Well I never have and wouldn't anyway. Show them your stretch marks and saggy bits, surely that is proof enough

prh47bridge · 08/06/2010 16:11

As you say, you are entitled to maternity leave regardless of the outcome of the pregnancy. Your employer therefore has no right to demand a copy of the birth certificate.

They may be confusing maternity leave with parental leave. They are entitled to ask for the birth certificate as evidence that you are entitled to parental leave.

ProfessorLaytonIsMyLoveSlave · 08/06/2010 16:21

Tell them you'll send them a photocopy of the baby if they want...

AFAIK, no, you don't need to send a birth certificate just because you've been on maternity leave. Can you ask them why they want it?

Hattie05 · 08/06/2010 21:00

Thanks everybody.

I have asked them why but i have not had a response yet.

They're putting pressure on me to send it in before they agree my return.

Does anyone know any solid legal info about this that i can quote to them? I've searched the internet but find little. Off to have another search now. Thank you!

OP posts:
lal123 · 08/06/2010 21:03

I just had to write to them to confirm date of baby's birth - as she was early and my maty leave dates had to be adjusted. Ask them why they want it

ProfessorLaytonIsMyLoveSlave · 08/06/2010 22:24

It's an interesting one AFAICS, because a MATB1 can be issued once you are 21 weeks pregnant, but in order to qualify for Statutory Maternity Leave you either need to (a) give birth to a live child at any stage of pregnancy (whether or not that child survives) or (b) give birth to a stillborn child after 24 weeks.

What was the date on your MATB1? If it was issued at or after 24 weeks (which for me it always would have been as I didn't get MATB1s until 26/28 weeks) then they should have all the evidence they need to support SML as by definition either (a) or (b) would have to apply. But if your MATB1 was issued before 21 weeks then they may have more technical justification in asking for a birth certificate.

You could try calling ACAS on 08456 06 16 00

ProfessorLaytonIsMyLoveSlave · 08/06/2010 22:25

Sorry, wrong phone number. ACAS is 08457 474 747

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