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Pregnancy

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

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Original poster

Boss messing my maternity leave around.

21 replies

LittleAmam · 27/04/2021 18:20

Basically I work for a small independent business my boss furloughed me last year when I was pregnant until my maternity leave started which was fab. But I have found out they started my maternity 4 days before my baby was born, I have been told I go back to work three different dates and I had to constantly ask for my payslips as my maternity pay has been different every month. I am now due back to work within the next week to be told I am actually due back sooner! Also was told I didn’t have to work certain days now I have to so my boss just hasn’t communicated with me at all. Is there anything I can do as I actually do like my job but I feel robbed of my mat leave starting earlier etc

OP posts:

Chelyanne · 27/04/2021 18:33

I would call the citizens advice bureau for help.
You need to work out if you have had your full entitlements and check your contract to see of you have the right to set working days etc. Start and end dates should have been communicated in writing and been given with plenty of notice, if they have not followed the rules you have every right to contest it. You do need professional help to make sure you get it sorted though.

Original poster

LittleAmam · 28/04/2021 13:14

Thankyou for your advice. I will get in touch with them as I have not had anything in writing. Also I only found out a few month ago my maternity started earlier and I wouldn’t of found out if I didn’t ask when my due date back to work was. I’ve had nothing but hassle. I have now been told I am actually due back a day earlier than I got told before even though I have proof I was told a different date!

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Muststopeating · 28/04/2021 19:17

4 days before baby was born is actually very reasonable. If you'd been working then its not likely you'd have worked that late... most people go off at 38 weeks if not before.

Being mucked about with return dates is rubbish though and they can't keep changing their minds as childcare is hard to arrange at the best of times.

If it was me I'd scehdule a call ASAP with anyone that is a decision maker in this process, agree final plans and then send them to them in writing, noting during the call that it won't be possible to change anything afterwards without x amount of notice as that is whats required by nanny/creche etc.

Muststopeating · 28/04/2021 19:19

Oh also, if your were on statutory maternity pay then it will vary month by month because its paid weekly. But its very easy to check what should have been paid, just google statutory maternity calculator and you'll get a week by week or month by month breakdown.

NoSquirrels · 28/04/2021 19:24

They sound a bit disorganised and you do need to know your days etc but the maternity leave starting 4 days ‘early’ I wouldn’t query at all. Very very few women work right up to their due date or the birth of the baby, so pretty much everyone is off ‘early’ - you acknowledge you were lucky to be furloughed.

The payroll stuff is probably because statutory maternity pay and furlough and so on - variable calculations. It’s frustrating but not abnormal, I reckon.

A lot of this just sounds like you need to clarify proactively, rather than waiting for them to communicate with you. Small businesses have had a really tough time lately so if you like your job I’d be as understanding and supportive as possible whilst still getting it all sorted in writing.

Andthenanothercupoftea · 28/04/2021 21:45

Doesn't Mat Leave technically start on the Sunday before the due date? Could that account for the 4 days? And the pay is weekly which will look odd on payslips.

Sansa87 · 28/04/2021 21:48

I’m due 7th May, but my maternity pay has to start 2nd May latest as it has to be the beginning of a financial week. I’m not sure if it’s a company rule, or an actual rule, but as other people have said the same thing, it sounds like that’s just the process for maternity.

Original poster

LittleAmam · 29/04/2021 08:35

Thanks for all the replies. I understand 4days isn’t much but I should of said in the thread my due date was actually 3weeks later. My baby was born at 37+1 and I didn’t find out I was being induced until the day before I was so my boss didn’t even know I was being induced until 2days before she was actually born. So if I didn’t get induced it could of been 3-4wks early she had started my maternity without telling me

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Sansa87 · 29/04/2021 08:39

@LittleAmam forgive me for baby brain and my inability to understand anything right now if I’m wrong: (please tell me it gets better when she’s born)

I think that the maternity leave always has to start beginning of the week of due date, or of baby being born if early. So say your baby is born early and midweek the maternity leave is bought forward to the beginning of that week. You can’t use annual leave or unpaid for that bit and start maternity later.

I absolutely may be wrong tbough as this is my first baby and I just had to deal with medical suspension and having to either start maternity leave or take annual leave at 36 weeks.

Original poster

LittleAmam · 29/04/2021 08:43

@Muststopeating I have looked on the gov website at mat pay and I am definitely getting paid more roughly £200 extra. I have told my boss and they said they would look into it which they haven’t. So I ain’t sure if it’s holiday pay as I understand I get my holidays on mat but our holidays renew half way through the year so I don’t know if she’s paid me for them instead of allowing me to take them. My payslips only sat mat pay. So I am asking my boss questions but not getting the answers unfortunately

OP posts:

nicknamehelp · 29/04/2021 08:50

As you had your baby early maternity pay would of kicked in that week. Also maternity pay is paid weekly but you are paid monthly so each month would be different as some 4 weeks some 5 also it is still taxable pay so that changes depending on what you are getting paid.
You should get payslips and when you have these you can go on gov.uk where you will find a smp calculator to check you got paid correctly.
As for returning and days you work this really should all be I writing. If there is a commercial reason for declining the days you wish to work this is perfectly legal.

Original poster

LittleAmam · 29/04/2021 08:50

@Sansa87 thanks for the reply. I understand what you mean having to start it at the beginning of a week. Which would be a Sunday which it was started on. I think it’s just the fact am more annoyed she hasn’t told me anything I have had to ask her. As I thought my day back to work would be the date my baby was born and I have only found out because I asked so I could arrange childcare which I think if I didn’t ask I would of been told the week before my days etc.

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Original poster

LittleAmam · 29/04/2021 08:54

@nicknamehelp I will have a look on the website thank you. I do have my payslips I have only just received 8 I was missing off last year. And I have still not received my first two mat payslips which I have again asked for.

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Grognonne · 29/04/2021 09:43

My maternity leave starts on my due date, you don’t have to take it before, but you can’t take it later than your given due date, even if the baby is late.

Original poster

LittleAmam · 29/04/2021 10:52

@Grognonne I was under that impression as it would automatically start when my baby was born especially with her being 3wks early. And with me being on furlough my boss made it sound like that’s what was happening I would be furlough until the date my baby was born. I know it’s only a few days early but it’s just annoying as I got told different. They also haven’t mentioned about my holidays that I have accumulated while on mat leave either.

OP posts:

BendingSpoons · 29/04/2021 11:37

If you are on sick leave, your maternity leave automatically starts at 36 weeks. I wonder if they started it at a similar point for furlough, if you were furloughed in part for being pregnant.

Grognonne · 29/04/2021 13:42

Yes, it starts as soon as the baby is born if it’s early. All holidays should be accounted for, and bank holidays taken into consideration. My HR department sent a really useful calendar showing maternity, shared parental, holidays, and unpaid leave. You should request a breakdown. Also, what dates did you give them to return to work, it’s very unusual that they should decide, unless you’ve taken the max allowed?

Original poster

LittleAmam · 29/04/2021 14:00

@Grognonne I have taken 9mnths leave. I didn’t get to tell them which date I wanted my mat leave to start they done that and they have said am due back a certain date. They haven’t mentioned anything to say would I like to add my holidays to my mat or nothing. And when I have requested time off it has been declined even though I have them to use in a sort space of time

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anniee8ava · 29/04/2021 14:48

Sounds likes your mat leave started at 36 weeks. Its probably a rule with furlough, if I was still allowed off work suspended on pay due to coronavirus and pregnancy then my mat pay will automatically kick in at 36 weeks its just a rule.

It should be easy for you to work out what you think is the correct date to return if you calculate 9 months from the date you were 36 weeks. Hope you get it sorted.

Grognonne · 29/04/2021 18:00

You are supposed to tell the company when you want to start and finish Mat leave, at least 15 weeks before the due date. We’re you on furlough because of being pregnant? I have never heard of the company dictating Mat leave, and you can take your holiday at the end of your leave. You are entitled to open a dispute. Check out this website which will give you all the details, and offer more advice. maternityaction.org.uk/advice/maternity-pay-questions/

Original poster

LittleAmam · 29/04/2021 18:09

@Grognonne I was on furlough as my workplace had to close then once it reopened it was reduced hours so my employer couldn’t give everyone their hours so some of use stayed on furlough. So I was furloughed mainly because my work would of been over staffed only opening so many day and hours. I thought I could take my holidays as well so am going to enquire again as I my new ones renew in 8wks

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