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Pregnancy

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Original poster

when can your employer actually make you go on mat leave?

26 replies

mustsleep · 30/01/2008 20:05

ok i am only 7 weeks pregnant and i do not have a particularly high flying job ( i clean at a school)

we are required to work during the summer hols but can do our hours in a big block and then have the remaining hols off etc

tonight at work my boss was asking when the summer hols start this year (22nd july) she said you won;t be here then wil you

yes i will i said i'm planning on doing my hours at the beginning of the hols saving all my holiday for the summer as i can;t get much childcare and she is unwilling to let me work my normal hours as she will have to open up for me (which is a little unfair imo)

and taking 4 weeks hols woring the first two week sthat the school will be open and then coming back for a week after and then leaving on mat leave

she was lie oh....do you think so i think that you will change your mind (i doubt it) it's only two hours a night

i said i might need to swap sections with one of the other girls as mine is upstairs and i have to cart loads of stuff up and down and all over a large area that i do downstairs ( i am actually doing more than any of the other staff and she knows it) none of them w3ant to swaop sections with me however0

I told one of the lasses i wor with what she had said and she was like of course you don't want to go on mat leave 8 weeks b4 you are due but she can make you if she think's you can't do the job (it is vaccing ffs) i said that i did not think she could actually make me leave early

can she?

OP posts:
Original poster
mustsleep · 30/01/2008 20:22

bump

OP posts:
flowerybeanbag · 30/01/2008 20:25

She can only make you start your maternity leave early if you are off sick with pg-related illness in the last 4 weeks of your pg. Other than that it's your choice.

flowerybeanbag · 30/01/2008 20:27

Oh and regarding the H&S stuff, they must do a risk assessment and identify if there are any parts of your job which are a risk for you, and make adjustments accordingly. Swap sections, no vacuuming or whatever. If they can't make any changes to accommodate you (very unlikely), then they must sign you off on full pay. Not start your mat leave though.

missvicki · 30/01/2008 20:27

I'm having similar problems with my employers, but over sickleave. I've had high sickleave this pregnacy mostly unrelated, but my team leader has now said i'm unreliable and i should take my maternity as soon as 29 weeks hits. From my own research they can't force you to take your maternity leave although they may get awarkward about it (just know your rights with regards to health and safety in the work place etc). The only thing thay can do is if you become ill which is pregnancy related post 29 weeks they can and are in their rights to began your maternity leave without question.

I know it's not the exact situation but hope it helps a bit.

flowerybeanbag · 30/01/2008 20:29

missvicki it's 36 weeks they can force you to start mat leave if you are pg-related sick, not 29 weeks anymore, hope that helps you!

hatwoman · 30/01/2008 20:30

flowerybeanbag is the expert - but I'm also reasonably sure that you don't have to decide now either! I can't remember how much notice you have to give of when you want to start - but I'm fairly sure it's not that much. lots of people give a rough indication - but it's a good faith thing rather than something they can hold you to. (subject to fbb's expertise)

flowerybeanbag · 30/01/2008 20:30

Here you go, H&S stuff and pg-related sickness stuff

missvicki · 30/01/2008 20:31

hmm does a bit as the cow bag teamleader has threatened it from 29 weeks, and by 36 weeks i'll be on maternity leave anyway!!!

flowerybeanbag · 30/01/2008 20:32

Notice you must give employer, including 28 days if you change your mind

( hatwoman)

missvicki · 30/01/2008 20:35

wouldn't happen to know the rules over payment for time off for antenatal appointments too?????

I kind of work shifts in so much as if i give them notice they can work it that i'm not on the rota, but i have lost hours this way. Do you think i can claim them, or should be claiming them?

flowerybeanbag · 30/01/2008 20:46

Yes, you should be paid for ante-natal appointments. If they can (and you are happy for them to) rearrange shifts so you don't have to take time off, that's fine, but you should be able to take time off paid, including in the middle of your normal shift. There's a paragraph about it on this page.

Original poster
mustsleep · 31/01/2008 09:21

would that apply to me i only work for two hours on a nightbut i'm pretty sure that last time my midwive only did appts in the afternoon

they won't do a risk assessment and i don;t think that i would be able to get them to do one the woman that is incharge is just a cleaner herself really (although she likes to think otherwise) and the people in the office won;t get involved as they say that she is in charge of us

the stairs aren;t an issue at the moment although i am having dizzy spells and i do think that the vaccing outside classrooms should not be done when it is raining and you have to pull a peice of electrical equipment around outside in the rain!!

i will say about the stairs when i get bigger but am releived that she can not force me to take my maternity leave early

maybe i should just report them to h and s anyway none of the electrical equipment the cleaners have to use is tested (not since 01 anyway) and i have mentioned this to her on numerous occasions as there are actually exposed wire on one item!!

OP posts:
Original poster
mustsleep · 31/01/2008 09:26

have read the risk assessment stuff, should i be just able to say to her can i not do upstairs anymore as i am having dizzy spells and do not want to fall down the stairs etc

and then if she says no what should i do, say that tehy are supposed to carry out a risk assessment to make sure i'mnot at risk and if they don;t that i will contact h & s

OP posts:
flowerybeanbag · 31/01/2008 09:28

must sleep if you don't need to take time off work for antenatal appointments you don't need to be paid, missvicki was losing money because of her appointments which is different.

It is a legal requirement that your employers do a H&S risk assessment on you, and it is particularly important for you as your job is physical work, involving lifting/moving stuff etc Do push that and make them do it. It's in their interests tbh, if you fall down or something and it is because of something you have done at work that you shouldn't be doing in your condition they will be in serious trouble.

Original poster
mustsleep · 31/01/2008 09:34

right well i'm going to say something tonight then

i might print the page out about risk assessment etc, and if she puts up a fuss abut moving my section i will show her it and say that fair enough if after the risk assessment they still do not deem it neccessary to move me

not sure how i can do it wthout sounding like i'm being funny i know that she will make out that i am making a big fuss out of nothing

OP posts:
flowerybeanbag · 31/01/2008 09:36

mustsleep tbh I think it's really important that this happens, especially for you in your job, and I would do your best to ignore your boss if she thinks you are making a fuss over nothing. Some things are more important and she'll get over it with a bit of huffing and puffing I'm sure!

BITCAT · 31/01/2008 09:50

I don't think they can make you go on maternity leave you can work right up until your due date if you wish to, not that you or any other woman would want to!! As far as i know they can only insist you go on maternity leave if you are of sick, with pregnancy related problems and is causing problems for you to complete your work and there is certain amount of months before they can enforce this, i just can't remember what it is. I'm sure if you did a search on net you could find something for maternity laws at work!!!

BITCAT · 31/01/2008 09:56

Didn't read thread properly, already been answered!! Also just to clarify that they have to do a risk assessment and it is up to them to find you a suitable job that doesn't involve lugging stuff upstairs, and if they cannot find you suitable job then they have to put you on paid leave( not maternity leave) they have to make sure they are not putting you or your baby in any danger and i would mention this to your boss and i think once she realises you know your rights then you will get treated much better!!

BITCAT · 31/01/2008 10:00

I believe it 28 days notice before you start maternity leave and you must put this in writting and keep a copy!!! Also if you wish to go back to work afterwards you must also express this in your letter and i think it's 28 notice again before you return to work so you do not have to tell them when you intend to start work again yet, as long as they know that you wish to return and give them 28 days notice to return!! Hope this helps!!

flowerybeanbag · 31/01/2008 10:02

bitcat all that already above and to clarify you do not have to tell your employer if you want to go back to work. They must assume you are coming back and the only notice you must give them is 28 days if you wish to return early.

Original poster
mustsleep · 31/01/2008 10:05

thank you every one am going to say somthing tonight about it but i bet she fobs me off

OP posts:
BITCAT · 31/01/2008 10:21

Sorry just flicked through thread as little one doing my nut!! Don't let her fob you of mustsleep, be firm and if she tries to fob you off i would print laws off net, and shove it in her face or even threaten to report her!!!

hopefully · 31/01/2008 10:23

Be brave mustsleep! Print off all the info and make sure you've read it, and you should be able to counter just about everything she says. If she argues, ask for her argument in writing too (on the spot if necessary) and then you've got even more ammunition if you have any problems.

Original poster
mustsleep · 04/02/2008 10:16

well i did it and i'm still not getting a risk assessment

she basically laughed in my face when i mentioned it even though i told her it was a legal requirement, she mentioned it the lady in the office and she came out and had a good laugh too (making out that i'm being all precious which isnlt me at all)

i asked to swap sections and she said no, that she was helping me (but she doesn't all the time and even when she does i still end up with more to do than anyone else, and she stilllets me do the outside and upstairs areas that i have a problem with)

don;t really know where to go from here do not want to end up alienating myself and if i report this it will be soo obvious it was me

OP posts:
robinredbreast · 04/02/2008 10:24

what a bitch your boss sounds, have a little human decency ffs
do you get sick pay?

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