Please or to access all these features

Add post

Watch this thread

Save thread

Start a new thread

Flip thread

Hide thread

My feed

Active Unanswered threads

Getting started FAQ's

Unanswered threads Acronyms Talk guidelines

Hide shortcut buttons

Talk

Pregnancy

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

Flip

1 2

Original poster

Forced maternity leave from 28 weeks. Is this fair?!

32 replies

Sie9410 · 18/09/2020 21:07

Good evening everyone

I'm expecting baby #3 in March and have recently been told by my work place that I have to finish work at 28 weeks.

The reason is because when I'll be heavily pregnant I will be in a covid high risk group as I work on a busy hospital word in a patient facing roll, so I'm in a lot of close contact. I assumed this means they put us on medical suspension from 28 weeks and then start our actual leave from when baby is born or earlier if we had wished. But after speaking to the ward Sister, this doesn't seem to be the case... I'm being told I have to use up whichever remaining Annual Leave I have first (3 days in my case) and then start my ML immediately after that. Then after the ML finishes, use AL again for as long as I can/want.

I argued back that this was really not fair as I'll be having to return to work really early whilst my baby is a lot younger than it would have been if I started maternity leave around 36 weeks which I'd usually do. She tried to say that no, using annual leave before and after ML it would make it just as long as usual. That's really not the case, I always start by using my remaining AL anyway and then use my accrued leave for the following year before returning to work.

Does this make sense to anyone? Am I missing something? By my calculations if I did it the way they are saying I have to then I'd be returning to work in the October with my baby only 7ish months old. I usually pretty much exclusively breastfeed them until 9/10months and my shifts at work are 10hrs so I just can't see this working out.

Can they really force me to use my maternity leave so earlier on? I said to them that I don't think that seems right and that moving me to a less risky department for the remainder of my pregnancy, or putting me on medical suspension would seem more logical but I was told that this is the way they are doing things for now. I didnt go any further into it with my manager because I know its not her fault, but I'm lost with what to do next and I know I'm not the only one in this position. I work for the NHS and I would expect many other women are currently feeling the same way. Anyone?!

OP posts:

dementedpixie · 18/09/2020 21:11

No I don't think they can so that. The only way they can start maternity leave early is if you are off with a pregnancy related illness in the last 4 weeks of pregnancy. The earliest Maternity leave can start is 11 weeks before your due date too.

Maybe contact Maternity Action. Are you in a union?

dementedpixie · 18/09/2020 21:15

maternityaction.org.uk/covidmaternityfaqs/health-and-safety-at-work/

Looks like if there is no suitable alternative you should be suspended on full pay, not forced to start maternity leave early

AutumnSummersBuffysCousin · 18/09/2020 21:16

What she said-they can only force you to start it if off sick within 4 weeks’ of your due date. I would suggest if they want you away from patients they give you a job (that has been risk assessed) somewhere non-patient facing, or put you on special paid leave until your maternity starts.

Alpacaface · 18/09/2020 21:17

Where do you work? In NHS Scotland the policy is to work from home from 28 weeks. If there is no work you can do from home then you go on "special leave" until the time you would be planning to go on maternity leave anyway.

dementedpixie · 18/09/2020 21:21

workingfamilies.org.uk/articles/coronavirus-parents/

carly2803 · 18/09/2020 21:28

no they cannot do that

they can start your MAt leave from 36 weeks though if you are on the sick.

if i were you i would speak to HR asap

Hercwasonaroll · 18/09/2020 21:29

This is illegal and they cannot do it.

Argue back and don't accept it.

Get EVERYTHING in writing.

Even if you have a chat, follow it up with an email.
'Further to our conversation today you said I would need to be on maternity leave from 28 weeks. I disagree with this and believe that you are acting unlawfully. Etc"

dillydallydollydaydream7 · 18/09/2020 21:36

Nope! They can't do that. I don't work In The same environment as you but work in adult education, wfh from March, then did one day every three weeks in July/August and was going to be working one day per week in the office from the end of August however new research from the RCOG states that women 28 weeks or more are high risk so I was immediately told not to return to work and to wfh until my maternity leave starts. Like another poster has said, they either need to amend your duties and put you somewhere 'safer' or suspend you on full pay

trunumber · 18/09/2020 21:38

NHS? If so, no they are wrong. They have to pay you on medical suspension, or let you work from home, or redeploy you to an none patient facing post

(I'm an NHS manager with a pregnant member of staff)

Ginfilledcats · 18/09/2020 21:44

NHS manager here. They absolutely can't do that. They need to do a risk assessment (ask that someone from hr/risk sits in on the assessment with your manager. Then they need to find you alternative safe way to continue to work. Our head of nursing was redeployed as she was too High risk (immunocomoromised) to the complaints team as this wasn't patient facing, and she could work from home for example, I myself was doing my job (not clinical) from home from 28 weeks until I went on mat leave (on my date of choice).

They should come up with alternatives for you, however here's some things my pregnant drs and nurses have been doing that you could explore: audit, complaints, 72 hour reviews, STEIS, Cqc prep, education, projects, governance work.

Speak to HR and your union rep

Good luck x

Ginfilledcats · 18/09/2020 21:45

If no "safer" roles are suitable or applicable, then as PP says they can suspend you on full pay until mat leave

Oddsocks101 · 18/09/2020 21:55

I work for NHS in a patient facing role. HR at my trust initially tried to do something similar, and advised my manager I would need to start mat leave early if I couldn’t work from home (only 4 wks early, which isn’t as bad, but still enough to worry me!). But, occupational health have since stepped in and changed that based on the RCOG advice - they told me I can’t be forced to take mat leave early and they can’t force me to take my AL any differently to how I usually would. So, I started working from home at 28wks; occy health said even if there was no work for me to do at home then I would still need to stay at home (on full pay). Please contact your occupational health department if you have one, mine were very very supportive. And, have a read of the RCOG guidance too. www.rcog.org.uk/globalassets/documents/guidelines/2020-09-10-occupational-health-statement-rcog-rcm-fom.pdf Don’t let them get away with it!

GeorgiaGirl52 · 18/09/2020 22:09

Wish I had your benefits. I worked in public school and we got 8 weeks. That's it. If we took time before baby was born it was subtracted from the eight weeks. When my first child was due I worked until noon on the day she came, so I would have the full eight weeks. With my second child I timed it so I had two weeks of leave and six weeks of summer break. Can't imagine having months to bond with my baby!!

married15 · 18/09/2020 22:32

@GeorgiaGirl52 are you not in the Uk or was this 50 years ago?

OP - they are wrong. Raise a grievance and ring ACAS

Pinkhan135 · 18/09/2020 22:42

Hi. I'm an NHS nurse and currently 30 weeks pregnant. I've been on special leave since March following the covid pandemic as I'm also a type 1 diabetic and asthmatic so high risk. I've recently, at 28 weeks updated my risk assessment as being pregnant puts me high risk so if your trust cannot give you work to do from home then you need to go onto special leave until your maternity starts. I advise speaking to HR as this don't seem right. All the very best.

PolarBearStrength · 18/09/2020 22:52

Just echoing what everyone else has said really. I’m a pregnant midwife and I’ve been working in a non-patient-facing role (still in the office thank goodness, it’s a nice break from my toddler!) since 28 weeks. They can’t make you take maternity leave early. I’m technically not on maternity leave until my due date although I’m using a couple of weeks AL before.

FizzingWhizzbee123 · 19/09/2020 00:12

That’s definitely not right. As far as I’m aware, the only way you can be forced to start Mat leave is if you’re sick with a pregnancy related illness from 36 weeks, in that case, your employer can trigger your Mat leave. It’s awful they’re trying to make you start it so early due to Covid and it’s absolutely not what they are supposed to be doing, I hope you get this sorted. I’m quite angry on your behalf!

GeorgiaGirl52 · 19/09/2020 00:30

[quote married15]@GeorgiaGirl52 are you not in the Uk or was this 50 years ago?

OP - they are wrong. Raise a grievance and ring ACAS[/quote]
Not in the UK but 17 years ago. It is no better now according to the younger teachers.

colourofblue · 19/09/2020 06:43

Georgia believe me while I have all sorts of gripes with the teaching profession eight weeks maternity leave is not one of them

BeingATwatItsABingThing · 19/09/2020 06:52

@GeorgiaGirl52

I’m a teacher and I finished working yesterday (my DD is today) and I am entitled to 39 weeks paid (in some form, not full pay) maternity and 52 weeks maternity altogether. Times have definitely changed.

physicskate · 19/09/2020 07:25

@GeorgiaGirl52 is not in the uk. Presumably the US? Maternity rights there are shocking, to say the least...

This is a uk based website and there really is no comparison.

Americans should do something about it, but they won't.

Original poster

Sie9410 · 19/09/2020 07:38

@GeorgiaGirl52

That's a really sad situation and it does sound like the way things are in the US and definitely not how they are in the UK. I'm well aware that people in many countries are not as fortunate as we are in the UK to have the maternity Leave that we do, and I am not ungrateful for it. That being said I don't think that's any reason to let my workplace deprive me of the rights I do have in this country, hence the reason for this post.. Not to whinge about first world problems.

OP posts:

Original poster

Sie9410 · 19/09/2020 07:41

@trunumber

NHS? If so, no they are wrong. They have to pay you on medical suspension, or let you work from home, or redeploy you to an none patient facing post

(I'm an NHS manager with a pregnant member of staff)

Thank you for your input, redeployment or medical suspension whilst paid is exactly what I thought the case should be. Really hoping it's just a misunderstanding from my manager's end, I will speak to ACAS and our HR dept.

OP posts:

Original poster

Sie9410 · 19/09/2020 07:43

Thank you everyone for your replies

You all seem to have reiterated that I was right in thinking the correct thing to do would be to redeploy me or suspend me medically with pay (there is no option of working from home for my role).

I will take this further and speak to ACAS and the HR department

Take care everyone x

OP posts:

CoalCraft · 19/09/2020 07:43

No, they have a responsibility to either ask you to work from home (which is what my company is doing) or find you an alternative low-risk role.

Flip

1 2

Swipe left for the next trending thread