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Pregnancy

Talk about every stage of pregnancy, from early symptoms to preparing for birth.

Can someone explain maternity pay/holidays etc please...

12 replies

beth1987 · 14/07/2014 17:48

Hello,
I am really dreading telling work as I have an idea that they will be awkward. They wouldn't employ me for years as I am young and female (in case I got pregnant) but finally had to cos I left (because they wouldn't) then came back on the condition that they employed me. I have talked to midwife and I know that they can't do/say anything but am still a bit worried. I am 9 weeks and wanted to tell them after scan (which is pretty much bang on 12 weeks).
I understand the government pay my maternity pay? So they will not be paying me out of their pocket? Is this how it works?
I was also off a couple of weeks ago, I got a UTI and was rather ill with it then had a bad reaction to antibiotics so was off 6.5 days in all although I came back for a day in middle. I mentioned booking a few days off on holiday in Aug (inc day for scan) and they said we cannot afford to pay me for sick days. I can either take them holiday, make them up or just not get paid for them. Is this normal? Now I haven't taken much holiday so can do that, don't fancy making them up cos I am tired doing 5 days/a week in heat at the moment (active job).
I am due on the 12th Feb and our holiday year goes from April to April. How does holiday work whilst off on maternity?
Thanks in advance for your help.

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Taura · 14/07/2014 18:15

That sounds all rather dodgy. It would all depend on your contract of employment about what sick pay they would pay you, and what evidence is needed I.e. A doctor's line.
Some (many) employers have a maternity package of enhanced maternity pay, paying more than just the govt minimum SMP (statutory maternity pay). And I know my employer won't hold sick days due to maternity reasons against my absence record for disciplinary purposes (I.e. They can't sack you for being off sick if it's because you're pregnant). They are not allowed by law to discriminate against you because of being young or female and they also have to give you appropriate time off for scans and midwife appointments.

Taura · 14/07/2014 18:15

*assuming you are in the UK

beth1987 · 14/07/2014 18:20

Yeah am in UK. Very small business only 2 employees (the rest are self employed/partners) I do not have a contract but am employed (not great but doesn't seem unusual)

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TheGirlFromIpanema · 14/07/2014 18:27

If you meet the requirements for SSP to kick in then they must pay it as a minimum. See here for rules about qualifying for it.

There are reasons why it might not be applicable (if your pay is too low for instance) so check the rules and decide if they have broken them.

If it seems they have I would contact Acas immediately on 0300 123 1100 for advice as if they are not playing ball with SSP then I wouldn't bet on them sticking to the rules regarding your pregnancy either iyswim.

amy83firsttimer · 14/07/2014 18:34

How long have you worked as an employee for them?

This will determine your eligibility for maternity pay. I would tell them you're probably pregnant after scan or if you get ill again that is related to being pregnant if that's first. If you have time off for medical appts relating to pregnancy or pregnancy related sickness they just HAVE TO give you the time off free, ie, you still get paid. Holidays I'm not so sure of but see what it says on www.gov.uk

amy83firsttimer · 14/07/2014 18:35

Didn't mean 'probably pregnant '! Damn autocorrect!

Eastwiththem · 14/07/2014 18:35

Your exact maternity pay depends on two factors:

  • Whether you have been employed long enough to qualify for Maternity Pay (if not you get Maternity Allowance from the government).
  • Whether your employer just offers Statutory Maternity Pay or any extras. They legally cannot pay you less than SMP.

You qualify for SMP if you have worked for the employer for 26 weeks or longer when you are 25 weeks pregnant, and tell them you are pregnant on or before 25 weeks pregnant (so after the 12 week scan would be totally fine). So unless they only put you on a proper employee contract 10 weeks ago you will legally qualify. Your employer legally cannot get out of it no matter how much they want to.

Whether the SMP is paid by your employer or the government is dependent on their exact circumstances and employers can claim some of the SMP back. However that is not your problem, it's up to the company accountant to work out what they are entitled to and how to claim it.

By the sound of it your employer won't offer extra benefits for pregnant employees but worth checking out your employee handbook just in case. That should also set out the rules as to who you'll need to tell and how (for example does it need to be in writing or can you just tell your manager in person?)

As for sick pay, you qualify if you had 4 days in a row off sick (these can include non-working days, so sick on Friday, weekend off, sick on Monday counts). However it's not paid for the first 3 days of sickness within an 8 week period and it's only paid at £87.55 per week. Your employer has to legally pay this. Again they might get government help but this is up to them to sort out, not you. From your post, it looks like you should get 6.5 days, minus first 3 unpaid, so 3.5 days, which work out at £61.28. That does depend on when the 1 day you went back fell though.

Again check your employee handbook to see if you get extra sick pay allowance.

On a related note, once you have told your employer you are pregnant they HAVE to give you paid time off to attend antenatal appointments, and they cannot treat pregnancy related sickness as normal sickness - so for example you can't be sacked for poor attendance if you are off with pregnancy complications (whereas you could be if you just kept getting lots of colds and weren't pregnant).

Your holiday should accrue as normal, for the purpose of employee benefits women on maternity leave are considered to be at work. So you need to have used your holiday up by the end of March and you'll get a new load of holiday on April 1 2015. So if you are due on 12th Feb, perhaps look at using up any spare holiday in mid-January and then switching to maternity leave at the start of Feb.

This is a good basic guide to your legal rights www.gov.uk/maternity-pay-leave/overview

Unfortunately I have very little sympathy for companies who are dicks about people being pregnant (or taking paternity leave etc). Who is going to be their customers in 20 years time? Who is going to fill the entry level jobs in 20 years time? Who is going to fill the senior jobs in 40 years time? Your kids! If no one took time off to have babies then every single company would go out of business eventually. It's the price they pay for long term profits.

It can be hard to stand up to your employer but don't let them swindle you out of your legal rights. Pregnant women are pretty much bullet-proof in terms of employment rights so any employment tribunal would find in your favour if your employer starts messing about.

Eastwiththem · 14/07/2014 18:40

PS - such an epic post I missed the extra replies! Not having a written contract is very dodgy BUT UK law accepts a contract as "custom and practice" so if you are turning up everyday and being treated as an employee then legally you count as an employee.

Igggi · 14/07/2014 18:42

If you think they might guess that you are pg, tell them sooner rather than later so (if they let you go) they can't claim they didn't even know you were pg.

beth1987 · 14/07/2014 19:14

Thanks for all the replies! Very helpful.

I think the sick leave is complicated as I went back to work on the 5th day (when I was given the wrong antibiotics but they seemed to have a little effect) then I was off for three longer days. I will probably just take it holiday. Although would have been good to 'save' this for before leave.
It should be fine I think they were with the other lady who had a baby.

The midwife said the same as you Eastwiththem about no sympathy and was helpful and said to ring if there were any problems, which is a reassurance. I thought the holiday adds up. I have 36 days which seems quite generous and have only had a day off for a funeral so far this (work) year. Have a week off in Aug and will hopefully keep it to a minimum but feel I need a break. I suppose it will soon come round!

I have been employed for a year and 3 months so defiantly should apply.

I was mega panicking when I was off ill because I thought it was pregnancy related sickness as had awful naesea with infection and antibiotics so do feel a bit more relaxed now.

Really want to wait till 12 week scan just in case something is wrong and don't want others involved if there is. So unless I get ill again will hopefully wait.

How soon do people usually take maternity leave? I can see from website there is ordinary (26 weeks) and additional (26 weeks). I assume leave is from when you leave work (before birth) till I go back. Sorry if this is really obvious. But obviously I will not get as much money as if working. I suppose it depends how well I am coping is an active job outside. I suppose I could talk to the other lady at work but wanted to avoid this until I tell employer as could put her in a difficult situation.(thinking aloud a bit here). Hopefully I am going to try and put some money away whilst working at the mo and have some savings that I can fall back on. My OH has a very low paid job and unreliable (family business) and have always been the reliable one in a way pay wise.

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Janicka01 · 14/07/2014 19:47

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Eastwiththem · 14/07/2014 23:23

Leave starts when you switch from normal pay to maternity pay. So if you save your holiday you can leave work earlier but not go on to maternity pay (and leave) until the holiday allowance runs out.

How much leave to take is a really personal thing. I'm having a very easy pregnancy so can see myself being fairly active right up to the due date. I'm currently freelance so my work situation is a bit weird though. The first time I got pregnant I was working in a job I hated so planned to save all my holiday and tag that on to early maternity leave so I was going to leave work at about 26 weeks! When I miscarried I realised I was actually more upset about going back to work indefinitely than losing the baby. (Hence quitting my job and going freelance!).

Some people have awful pregnancy issues and would struggle to work beyond 32 weeks, but others are still at work when overdue. It's totally up to you and how you feel. As for going back, it really depends on how keen you are to get back to work, and how you feel about leaving your baby with someone else, plus if you have to pay for childcare then going back to work might not be affordable. It could also be that you go back early and your OH can do childcare if he is on a lower wage. I can imagine it would be less stressful to leave your baby with a family member than put them in paid childcare where you can't be 100% sure what is going on.

Your legal rights change slightly after additional maternity leave so again this might be something to keep in mind if you think your employer will be shitty about things. After normal leave you have the right to return to your old job, but after additional leave you only have the right to return to a similar job.

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