Being pressured to start mat leave early

[swiftfox]

So a tiny bit of background - I've been in my role for two years, and in the organisation for almost eight. I work full time, and manage a small team which performs well.
I'm currently 34 weeks pregnant and planning on working until just before 38 weeks. I was well until about 31 weeks, at which point I got coccyx pain and pelvic girdle pain so bad I could barely walk. My doctor gave me a week off, during which I saw a physio, an osteopath and generally worked hard to get myself back on track. The pain is still there, but it's not constant, and it's better when I vary my position and stand or lie down for short periods (or just sit on a yoga ball or the floor instead of an office chair). Unfortunately this is hard in an open-plan office!

My manager told me today that I should start my mat leave asap, and although I'd love to, I can't really financially. She keeps saying that I'm unable to do my job anymore, but really, I can completely do it, I just can't sit down for 8 hours! I know they can enforce mat leave from week 36, but I don't think they can do so if I'm actually not off ill...can they? I've seen occupational health who recommended a standing deck, but my boss is reluctant to splash the cash on it. What if my GP signs a fit note saying that I'm fit to work, but with adjustments (such as WFH or reduced hours?). I'm wondering where I stand legally. I'm not planning on going back to this job after my mat leave, as there are a variety of other issues there too, but I would like to be able to stay for a few more weeks and earn the much-needed cash. Can they force me to start my leave from tomorrow (which is what was suggested!)

They can only make you start it if you are off sick with a pregnancy related illness from 36 weeks. If you're not off sick then they can't make you start your mat leave

I think if you are off with a pregnancy related illness from 34 weeks you mat leave starts. They can’t force you to finish earlier if you’re not off sick and by law should make reasonable adjustments for you at work.

I’m 31 weeks and have been WFH 4 out of 5 days a week as I work 1.5hrs away from home and commuting was doing my back in. When I go into the office I tend to do 10-3 to miss traffic. I know I’m very lucky my job & employer allow me to do that but it does sound like yours are being particularly unreasonable.

@dementedpixie is correct it’s 36 wks sorry I miscalculated in my post!

Hi @Swiftfox
Im going through something similar, however not being pressurised to start mat leave early.

I'm 30 weeks and been diagnosed with disc prolaps and sciatica. Got a doc letter that said I should WFH twice a week and cannot sit more than 30min at a time, also that its likely to get worse the bigger I get. I shared the letter with HR who have now come back with confirmation re WFH and a standing desk is pending.

Get a letter and go straight to HR. They can only trigger mat leave early (4 weeks before your due date) if you are on sick leave.

Good luck!

A yoga ball at your desk doesn't sound unreasonable and isn't very costly, as opposed to a standing desk which may only be in use for 4 weeks or so, so is not very cost effective.
Is your role one which could be done if you were to WFH? Could you still be as productive as you are in the office? (I can't and I know lots of people who, by their own admission, are hopeless when WFH)
Perhaps provide a list of things your employer could do which you consider to be reasonable and present it to them.

Thanks for your comments so far! It's reassuring to hear that I don't think they can force me to an early mat leave start.

@Biancadelrioisback I can totally do most of my work from home. My suggestion to my employer was that I could do a half a day from home, half from work and bundle meetings etc to the half day I'm in. I could be flexible with the times as I live quite close. They said I should think of my baby more, which I thought was incredibly mean and manipulative

@blueeyedviking sorry to hear you are in similar pain! What you've done sounds very reasonable and I might just follow your lead

Also just to add that I discussed bringing in my own yoga ball to sit on but it wasn't allowed because it's not health and safety approved...

If your manager won’t informally agree to the adjustments you need, get your GP to give you a fit note saying to what extent you are fit for work. If adjustments are recommended, to hours, duties or location or similar, then it’s up to your employer whether they feel they can accommodate those. If they can’t, then you’ll be off sick, and they can start your maternity leave from 36 weeks.

Agree with comments here re 36w only if your signed off dick with pregnancy related condition. I also think you should start talking to HR directly and instead of line manager as he/she is behaving inappropriately towards you and borderline discrimination towards you because you are pregnant (is saying you can’t do your job, not because you are physically signed off sick, but because you are pregnant and experience common pregnancy symptoms...that’s discrimination)