I NEED SOME HELP WITH MY EMPLOYERS PLEASE NOW !!!!!!!!

[flutterbee]

Hi everyone,

I'm new to mumsnet and the first thing I am asking for is help.
I'm in full time employment and am due to start my maternity leave on October 2nd, I have however this week been told that I have Symphis Pubis Disfunction (excuse spelling)so I told my HR depo straight away but also assured them that I was fine to continue work but that I would need to get up and walk around every so often and bending down would be a problem. This went down fine with HR but like a lead balloon with the 3 other ladies I work with. Anyway I was called in to HR today and given the choice that 4 weeks before my maternity leave is due to start if my Doctor signs me off for the full 4 weeks work can pull my maternity leave forward and start it 4 weeks early! It was made very clear to me that this was my choice and not something that could be forced on me and that it is not to be confused with the companies right to force me to take my maternity leave early if im off with sickness 4 weeks before the baby is due.
I have spoken to my mum about this who has had 7 children and has never heard of this and neither has anyone else I speak to no one is available to call to ask about this and I really want to know if this is correct. I am worried that I am going to make the decision to go and then be told that I can't but that I must take the sick leave and as I feel as though I have been bullied whilst at work this becomes even more likely. I know that the 3 women I work with want me to leave asap because they feel I am no longer a team player (they have said this to my face)so leaving would be a relefe, but I have this bad feeling so can't make a decision until I know that this law they have pointed out to me is correct.

Sorry for the long long read but I am desperate any help would be appreciated.

Thank-you
xxxxxxxxxx

BUMP

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Flutterbee - there are people who are v experienced in this kind of legal / HR / rights, but this is a dificult time of day - tea time etc. You will get some help soon.

Keep 'bumping' it up the active conversations list - you just post 'bump' like I did.

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why do the women you work with have a problem with you geting up and stretching? the company can NOT make you go off sick, if you have chosen to sign off sick they are entitled to start your maternity leave early.

SPS is fairly common as far as i know though i'm sure i've seen people post on it

I know that 4 weeks before my due date they can force me to go, but there telling me I can go off 4 weeks before my maternity leave is due to start, but I am afraid that they are up to something because of the complaints of my supposed friends they even said they have consulted there lawyer. There is nothing on the maternity alliance site so I may have to wait to speak with them tomorrow. My employer is not very good at all I wasn't even given my rights till 3 weeks ago!!!

I have no idea what my collegues problems are they see to think I am letting them down by being pregnant and should be working as a team.

Don't take any decisions because they are putting you under pressure. Take your time. You need to find out exactly what you rights are and only take leave early if you really want to. You will find 6 months goes very quickly and so most mums seem to prefer to keep working for as long as pos.

Have a look at www.tiger.gov.uk its a guide on employment law and may be of some help.

Good luck

Hi flutterbee, I'm pretty sure your midwife could help, mine was great in informing me regarding my rights etc, perhaps you should contact her? Good luck and welcome to Mumsnet

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MUD ---- You say that if I choose to sign of sick that I can start maternity leave early, I have decided to start as soon as possible because we are moving across the country!!! So Oct 2nd is the first day legally I am able to start or so I thought but if the Doctors sign me off in the 4 weeks before this start it early, is that what you are saying or am I confused. ??!!??

Have a look at this links:
expectant mothers at work .

if your doctor signs you off sick from now then your companyu could choose to pay you statutory sick pay or put you on maternity leave. it depends really. if you want to leave now then get doc to write you a sick note and let the compnay do what they want

they can't get rid of you for doing this though that would be illegal so your job would be safe

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Sounds very much to me that to keep the peace in the office, HR are trying to get you to agree to Maternity Leave 4 weeks early! Here's an idea, rather than doing that, you are entitled to your full years annual leave, even tho your going off on maternity (we like that one!) so why don't you tack the rest of your hols onto the front of your maternity leave, as once you go back in either 6 mths or a year (if you bother!) you will get new hols as it'll be a new holiday year!
Feel free to CAT me re this if you like, as I have a lot of HR experience

I suppose I havn't explained myself very well, I would be happy to go that bit earlier as work has become unbearable since people found out I was expecting. However I don't think what I have been told is right, I am worried that I hand my sick note in and say yes I will start my leave early and then they say to me Oooops sorry we made a mistake you can't start it early but because the DR has signed you off we are going to have to ask you to go home because you are not fit to work.
I know this may seem a bit extreme but this really is what my employers are like, I just want to be sure before I do anything.

Flutterbee, what is the company's policy for sick pay? If you get full pay when you are off sick, then if you are signed off four weeks before 11 weeks before the baby is due (ie signed off sick 15 weeks before the baby is due) then you should get the normal sick pay! If, on the other hand, you only get statutory sick pay when you are off sick, then the comapny's offer may be more valuable.

I am a bit rusty on the subject but, if they have carried out a risk assessment as required by law and arrive at the conclusion that it is not safe for you to do your job (I understand that the doctor has said you can safely do your job now, but, if later in pregnancy, this were not the case), your employer must find you safe alternatice work and pay you at least the same amount as you would have earned in your 'normal' job.

Have a word with the maternity alliance - they are always short staffed and very busy, so be persistent - I am sure they will be able to give you more authoritative advice than I can and they may be able to draft a letter for you to send to your employers as I think your colleagues are being unreasonable in their behaviour towards and about you.

If the company deem your job to be unsafe for you following a risk assesment they have to find you a safe alternative or suspend you on full pay till your matternity leave kicks in. They cannot trigger your maternity leave as early as 15 weeks before your baby is due as I understand it they can only trigger matternity leave whilst you are of sick if it is in the four weeeks before the baby is actually due and the sickness is pregnancy related. If the sickness is not pregnancy related they give you ssp till the day the baby i born then your maternity pay for six months. If there are differences between you and team members then they need to be faced and sorted out, they cannot push you out due to being pregnant as this is illegal. Talk to the Matternity alliance they will be able to explain it to you much more fully and point you in the correct direction. Hope this helps.