Can they start my maternity leave early?

[LittleB]

Hi, this is in advance but I'm worried. I'm 18wks pg and have been told I may need a cervical stitch (I won't go into the whys on here now -too long!). I understand that if I have this I will need about a week off work, then several weeks being v careful and after that not do anything strenuous or too physical for the rest of my pg.
I do a very physical job - I'm a countryside ranger, so I'm not sure that I could do my job if this is the case. My manager is being helpful and finding some office work for me to do for the last month that I'm working, but would have trouble if they needed to do this for the whole of the rest of my pg. When i saw HR a few weeks ago we discussed aspects of my job that I can't do (heavy lifting/chemical spraying etc) but she said that if this got worse and I was incapable of doing my job they can start my mat leave 11 weeks before due date. is this right? I know they can start mat leave due to sickness 4 weeks before due date, and I'm planning on starting mat leave at 36 weeks anyway. But if I was physically incapable of doing my job due to pg issues, can they start it earlier or do I just need to get signed off sick? I don't want to, I enjoy my job and don't want to let down colleagues, but don't want a premature baby, but really can't afford to start mat leave at 29 weeks!

As far as I'm aware the only reason for starting it early is if you are off sick for a pregnancy related reason in the four weeks before your due date. Until that time you would be claiming satatutory sick pay the same as any other employee so they can't make you go off at 29 weeks. Re the aspects you can't do, they have a responsibility to carry out a health and safety risk assessment and have a legal obligation to protect you from doing any duties that can harm you or the baby. They also have an obligation to have you do another role if your job can't be done properly without the heavy lifting etc.

there is lots of information here

Oh, and it says there, that if they can't remove the risk or give you other duties, then they should suspend you on full pay until your ML starts!!

LittleB it did used to be right that they could start your mat leave compulsarily at 29 weeks, but my children are older so not certain of it has changed. Are you in a union if you (presumably) work for the local council - i'd give them a ring and ask.

No, you're right, they're out of date. They can start your maternity leave 4 weeks before the due date (stops people taking the mickey and claiming to work right up to the due date but getting themselves signed off for the last bit. Realistically, most women need to stop a bit beforehand).

Before that, they have to find you office duties if it isn't safe for your work, or suspend you on full pay.

11 weeks before is the earliest you can choose to start ML, not them.

Thank you everyone, thats really helpful and has stopped me worrying as much. Mumsnet is great

One thing I would just add (partly from experience) is that if LO comes early then you do start mat leave early. even at 23 weeks. So do make sure that you don't do anything you shouldn't as the law on prem mums is no different to term mums even if the baby is not at homet. If you are in hospital with pg issues your not on leave until 36 weeks. IF LO is on hospital even for the full year you are on mat leave!

Thanks, thats helpful to be aware of. I hope your little one wasn't too early and is well now.