Employer asking for doctor’s certificate to say I can work after 34 weeks

[Eyebrows2016]

Hi all,

Just need some views on this. My employer is introducing a new mat policy which says I need a doctor’s certificate to say I’m fit to work after 34 weeks. Otherwise I must start my mat leave.

By way of background, I’m not unwell at all and haven’t taken a day off sick whilst pregnant.

This doesn’t sit well with me. They’re not asking any other employees to prove they’re fit to work for next 4 weeks. I also think I’m asking my GP to look in a crystal ball. How does he know what I’ll be like at 36 or 37 weeks? Should I challenge this or tor the line?

Additional key info - desk job with no heavy lifting etc. no reason that 34 weeks would make any difference.

They can't force you to start your mat leave unless a)you have the baby or b) you go off sick after (I think) 36 weeks. Pretty sure they're acting illegally, but I've no idea what you'd do about it - are you in a union?

Maybe the employment board as well, there are some regular posters with HR experience.

That sounds unusual to me. I am pretty sure legally they can only "make" you start your maternity leave earlier (than you'd planned) under the circumstances that @SockQueen describes.

www.maternityaction.org.uk/advice-2/mums-dads-scenarios/pregnant/sickness-during-pregnancy-and-maternity-leave/

"Can I work up to the birth of my baby?

Yes, it is up to you to choose when you wish to start your maternity leave. You can work up to the birth and your employer must continue to monitor any health and safety risks at work up to the birth. If you are off sick with a pregnancy-related illness or suspended on health and safety grounds in the last 4 weeks before your expected week of childbirth your employer can start your maternity leave and pay automatically."

Doubt they can require this. GP is not a free occupational health adviser for employers!

OP can simply decline to seek a GP report (which anyway her employer would need to pay for and would require Op’s consent) and state her intention to work to X date. Her employer can’t sanction her for this.

Thanks all, this was my feeling on it. Just wasn’t sure if I was looking for problems rather than solutions. I’m going to raise with them that I think this is discriminatory and unreasonable. The policy also makes no mention of my employer paying for the dr’s certificate!

Only slight concern is that I’ll have to raise with HR that I think their policy is illegal.

You don’t need to do that: just state that you won’t be complying with their request to seek a doctor’s report and, unless you have to have time off sick or have the baby early, will be working until X date. If they come back pressing you about it, suggest that THEY take it up with HR!

This seems to be common in other countries. A colleague in Luxembourg said this was standard in her office there 🤷‍♀️. Certain this doesn't apply here though and you can work until you want! (Unless you take a day off sick in the last 4 weeks).

Loopytiles's advice is perfect. Don't get into a debate about it, just keep repeating your position and tell them to take it up with HR. They really cannot make you do this - it's quite infuriating that they seem to think they can force women to start Mat leave when they don't want to.

Ask to see the policy that states that this notification must be given.

It's only if you're off with a pregnancy related illness in the last 4 weeks that they can start your mat leave early too

It’s not discriminatory as such but it is something they can’t force you to do - you are effectively “self-certifying” by telling them you wish to work. They cannot make you start your maternity leave except in the circumstances listed above.

I also think you would struggle to find a GP who would do this (and certainly not without a fee) as it is the job of your employer to assess your occupational health and fitness to work.

I agree with PPs - just firmly stand your ground and say you will be working until whatever date you have already agreed and if they think you are not fit to do so then they need to explain this in writing and arrange an appropriate occupational health assessment.

I think it’s bang out of order! The cheek of them!

I'm a GP and I wouldn't be insured to give that kite. If your boss wants it they need to pay for an an occupational health opinion. All I could do would be give a factual report on the pregnancy so far. I don't have a crystal ball.

Note, not kite!

Just to put a different perspective on this... I live in Germany and here you finish at 34w and need a Dr’s certificate to work beyond that. But it doesn’t postpone the start of your mat leave entitlement so there’s generally no point. Over here you see the same Ob/Gyn throughout your pregnancy and, if asked for a certificate, they just state that the pregnancy has proceeded without complication to date and you may continue to work. The certificate is generally for a week or two and then you ask for another.

There’s a completely different mindset to pregnancy over here though. The idea of going so early is that you should be prohibited from working due to the health of the mother and baby. A lot of mums even use annual leave to go even earlier. It’s also not uncommon for mums to be to be signed off sick for the whole of their pregnancy, especially if working as teachers or in healthcare. Totally different to the UK where a lot of people work as near to their EDD as possible.

I’ve just finished work now at 34w and most people think I’m bonkers for not going earlier!

I’m a GP and would decline to do this. The employer can pay for an occupational health assessment if they wish but I doubt they will. I think loopytiles has given great advice

Thanks for the advice all! I will take loopytiles’ advice. It’s just so infuriating that pregnant women even have to deal with this sort of employer whim, so really nice to have some back up.