Can you get any sort of Maternity Pay if baby is born this early? Urgent

[FairyAndLavender]

Hi, sorry to have to post this here but thought it may be the best topic.

Sadly a close friend of mine has lost her baby at 23+3. No signs of life at birth so doesn't qualify for mat leave that way because there's no living baby AND baby wasn't born after 24+0

I was just wondering if an employer can 'let you off' at their own discretion? give you the maternity leave anyway IF they wanted to?

I lost my daughter a little earlier than 23 weeks and I wasn't allowed anything, but that was that little bit earlier

Online advice isn't really that clear from Sands or Tommy's etc.

I'm trying to be the 'sort the practical stuff out' person, she needs that.

Thank you

I’m so sorry to hear about your friends loss, that’s just heartbreaking.

My honest answer is I think this will be down to individual work places and what they decide to do. I work for a large bank and our policy states it would be standard sick leave prior to 24 weeks pregnant. If anything were to unfortunately happen after 24 weeks, full maternity is given. It would be at the discretion of the employer whether they are willing to be flexible with any policy they have I think.

Someone may be able to help more than that but that’s my understanding.

Sorry again

Yes absolutely- just because someone isn’t entitled to maternity leave and pay doesn’t stop an employer offering it if they choose to, although they wouldn’t be able to reclaim SMP from HMRC as they would for employees who are entitled to it.

But employers can offer whatever enhanced leave or pay for any scenario they want to- nothing stopping them being generous. In these circumstances I would be surprised if they offered the equivalent of maternity pay but most employers will be as generous and flexible as they can be when something like this happens.

I think it's a statutory thing . More of a government guideline for maternity pay that a businesses individual policy .

I think work would more than likely be able to give bereavement leave or sick pay from doctor if sick note was obtained .

I'm sure a doctor would be happy to issue a sick note under the circumstances . I know my works maternity pay is calculated by how much you have worked in the last 9 weeks of pregnant up until you go on maternity leave .

So sorry for your friend

Less than 24 weeks at my office it would need to be compassionate leave which would be at the managers discretion and there is no minimum length that can be taken so some managers might allow a couple of weeks others might allow longer

Thanks. She works from the NHS so I don't think she will be getting any longer than a few weeks then...

It's crap, isn't it? If her baby was born less than a Week later she could take a full year on mat leave (if that's what she wanted)

She won’t get maternity leave but she should get compassionate leave and could always go onto sick leave if she is struggling to cope.