Estimated due date query and maternity rights

[Whatonearthishappening]

Does anyone know if the date of your c-section can be taken as your estimated due date for maternity leave purposes? I don't have a cs date yet, but midwife says it will definitely be week 39 for me, for various reasons. I want to ask my midwife if week 39 can therefore go on the form for my employer as my EDD, but am nervous about asking so would like to know if anyone else has done this.
This is important due to job losses at my work. That week could make the difference between maternity leave employment rights meaning I get a job or not. I am the sole wage earner and obviously have no chance of getting another job if made redundant as I am pregnant.

How pregnant are you now? Is there any chance you can get your section date booked then you can use that date. Or would your midwife/consultant write a letter for you with anticipated date on it?

I didn't get my section date until 35 weeks but I know other people who have managed to get one booked earlier than that.

Apparently, they don't book section dates until week 35 and I am only week 19. I need to take the full 11 weeks maternity before EDD to try to keep my job.

No, I think they will use your actual edd rather than section date. You could always ask though and explain the situation.
Why does the week make a difference?

Being pregnant will mean you have extra rights, it isn't just being on maternity leave. Ring Acas for me help x

I had something similar, because using th section date would have meant I got a higher rate of maternity pay than if I used my EDD.

The consensus is that the form has to state your EDD, so the midwife shouldn't put your section date on it.
However most people said that when they got their form (usually at the 20 week appointment), the midwife just asked what the date was, rather than looking it up from the notes, so it was easy to just say the date you wanted.

I got around it in the end by asking my consultant to write a letter that said something like 'sparechange is expected to deliver on xx date', which was true, so didn't put him in an awkward position by asking him to lie, and HR either didn't care or notice that this wasn't my Expected due date.

You could just chance it at the 20 week appointment and if that doesn't work, perhaps just walk into the unit between appointments (without your notes) and say you've lost your form could they please do another one urgently because you have to hand it into work today, and see if they'll do it based on the date you tell them?

*MORE

Lumpy, that week could make all the difference. Everyone's job in the section is being deleted and we are told to apply for new, fewer, jobs. If I am on maternity before we are appointed to new jobs they have to offer me one of the jobs. The timescales are looking like that week could make the difference between me being on maternity or not. And I know they can't legally not give me a job because I am pg, but back in the real world I don't expect them to offer a job to the pg lady unless they are iron bound by law to do so because I am on maternity leAve. I'll never be able to prove that I never got the job because I am pg if I have to go through the selection process.

Thanks spare change, we don't have a unit to walk into, just midwife Appts at the gp surgery. If midwife doesn't check and asks me, I could try just giving her a date and see if she notices, she may though, the Appts are done on how many weeks, I am, so if her math is good she may notice!

I'm in the same positing. 22 weeks currently and started my maternity at 30 to try and get my 6 weeks at 90%. I'm most likely to be made redundant in my office (last in and only 1 years service)

Explain the situation to the midwife. Just looking at my matb1 form, it states ' I certify that I examined you on the date given below. In my opinion you can expect to have your baby in the week that includes..... Then the date', so she wouldn't be lying if she put your section date down.

Thanks Lumpy. I have just been looking at the form too, even started to wonder if I could commit fraud by altering the month after she filled it in! ( yes I am that desperate, I won't be able to though, it would be completely obvious).
Red, it sucks doesn't it?