Off sick with pregnancy-related migraines, work suggesting I might need to be put on Maternity Leave early - can they do this?

[KirstyJC]

Hi

I am getting realy worried and I hope someone can help reassure me!

I work for an NHS trust and am 21 weeks pregnant I was signed off sick from 1st Nov to 29th Nov with migraines due to hormones in pregnancy. I have 2 notes from the GP to cover this period, which I have sent them. The first states 'pregnancy problems' and the second 'headaches in pregnancy'. Both are signed as not fit as I work on busy wards ,dealing with patients / assessments / relatives / other HCPs and it is impossible to do this in a dark room with a flannel on my forehead, which is how I have been spending the last few weeks. I am finding it getting better, slowly, so am optimistic I can return on 30th as per note.

However, I had a phone call from work today saying about how they need to send me a letter as a 4 week absence triggers their sickness policy, which is fine and I was expecting that. I know I can't be disciplined for pregnancy-related sickness, so no problem there. I also know that I may need to see Occupational Health before I return (manager is going to check with them) and again I am fine with this too.

The problem is that I was told that if I can't come back on 30th then they might look at putting me onto maternity leave early. Can they do that? I thought that they couldn't do that before 36 weeks if you are off sick, but not sure if that covers sickness related to pregnancy. Also, if I can't return the week of 29th Nov then I would only be 23 weeks pregnant anyway - isn't that too soon to go on Mat leave? I haven't even got the MATb1 certificate yet - am due next midwife appointment at 25 weeks.

I don't have a copy of the Maternity Policy at home (have asked them to email it to me). I am getting really worried because if I have to go off now then I would need to return when baby is about 7 months - NOT what I had in mind!

I am sure I am panicking over nothing, and the manager doesn't know what she is talking about but please can someone calm me down! They are wrong, aren't they???Please??!

No - they can't put you on maternity leave before 36 weeks. Even then it's only for pregnancy related ill health - if you are still working at 37 weeks and get food poisoning for three days, that doesn't work as a trigger.

Your manager is getting confused and I suspect HR will put them straight when asked.

Deep breath. It's all fine.

I think they can only make you go on maternity leave if there's less than four weeks to your due date or within 4 weeks of your planned leaving date.

info here

They can only make you go on mat leave in the last month before your EDD. They could suggest you start leave anytime from 11 weeks before EDD, but they can't make you.

Don't let them foorce you into anything and I hope you feel better soon

OK, deep breaths then.......so it looks like they are talking rubbish then, thank God!!

Thanks for the link, that was helpful. I am waiting to get a copy of the mat policy; I did read it earlier in the pregnancy but since I wasn't planning to get sick (never had this with the last 2!) I didn't pay that bit too much attention!

I haven't given them my maternity leave dates yet as I wanted to wait until 20 week scan, just in case of any problems. Thankfully there were none! They do know I intend to go off from around the start of Feb for a year though as I have told them that is my plan.

I am so relieved that they can't force me! (Although I am far from being easy to force and would have put up a fight anyway!) but it is good to know law is on my side. I suspect my manager will be put straight by HR!

Thanks all, I will calm down and get some lunch now!

Hi. My situation is not the same as yours but similar... In the past I've had some health problems that have lead me to taking time off work, eventually resulting in disiplinary (sp) . I'm now 16 weeks pregnant.
When I was first pregnant, I suffered really badly with morning sickness and had just over a week off work.
When i returned, I had to have a meeting with HR, and the HR manager informed me that although they couldn't follow the disiplinary procedure any further, they could make me take maternity leave very early. She said if i had a lot more time off during my pregnancy, this is what they would make me do. Apparently its the only thing they are allowed to do, as obviously they have to be very careful with pregnancy.
I'm now off sick again, but this time is for food poisoning, this is only my 2nd day, and I'm back at work tomorrow.
Can they really make me take my mat leave very early, or was my HR manager just trying to scare me??
Sorry for the long post!!

No they cannot. See Ribena's post from Tuesday.

Mi Mrs Coles - I have now checked and legally you cannot take maternity leave before 29 weeks / 11 weeks before due date anyway, even if you wanted to. This is a legal position, not something they can change.

So they are trying to scare you. . The above link from duellingfanjo is useful for more info. If your HR manager says they can force you, she is wrong and you need to take it further with your grievance policy.

My manager hasn't been back in touch yet but I have got my Maternity Policy and it was very reassuring! May be worth asking your company to provide you with a copy of their maternity policy - they should have one.

Good luck

I thought they were just trying to scare me!! Grr! I will go back to work armed with all the information I can get, and if they do try to make me, I will take it further. Yes, I will ask them to provide me with that, Thanks.

Thanks for replies :)