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maternity leave forced early

3 replies

travispickles · 06/10/2010 19:08

Hi,

I am currently 26 weeks pg and work in a sec school. Have ben off for 2 days with cold-like virus, still not feeling well but gone back to work as (the usual) feel guilty staying off and don't want anyone thinking I'm playing the pregnancy card. Anyway, having been off Monday and Tuesday, my Head of Faculty (and friend) has had to provide cover work and as she is down to do support/cover on Tuesday, she has had to take two of my lessons. Today she has suggested that I reconsider my Mat leave, as she doesn't feel I will make it to Xmas. I will be 36 weeks at Xmas, and want to start my ML last day of Xmas hols, but was a bit put out to feel that she was trying to force me to take it early... What do you think? I said I have been off this week as am ill with virus but as long as I don't pick up every virus going I should be OK. Feel a bit concerned that they are trying to guilt me into going off early.
Any thoughts?

OP posts:
Sam100 · 06/10/2010 19:16

I think work can ask you to start maternity leave early if you are off with a maternity related illness but only in the last 4 weeks of your pregnancy.

I would just politely say thank you for your concern but feel fine now over that cold - and plan to start maternity leave as already arranged.

MrToad · 06/10/2010 21:05

I work in HR, Sam is right, your employer can only start your mat leave early if you are off sick in the last 4 weeks of your pregnancy.

flowerybeanbag · 07/10/2010 09:23

It sounds a bit strange to say she doesn't think you'll make it to Christmas on the basis of you taking 2 days off for a cold. Might she have any other reason to think that?

Either way, suggesting you reconsider if there is reason to believe you might struggle isn't quite the same as forcing you to start it early. How appropriate the conversation was depends on whether there are any other factors leading her to believe it's a possibility, and also how she phrased it.

If she has genuine reason to believe you are going to struggle to make it you can understand why she might want a bit of notice to sort out more permanent cover, although putting any sort of pressure on you is wrong.

Bottom line is no one can force you to start maternity leave before 36 weeks and even then only if you are off with pg-related sickness.

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