enforced maternity leave 10 weeks before due date??

[snowangels1]

I know there are some great experts here so I'm hoping you can help.

My EDD is 21st feb. I had anticipated my mat leave to start on Jan 6th.

For a number of health reasons I have been signed off work for most of the pregnancy. There was a point when I tried to return to work and they were good and supportive but I just wasn't up to it so my GP has said I have to remain signed off until mat leave starts.

I was led to believe work can enforce you to start mat leave a month before EDD, but no earlier.

Today, I get an email from HR (work for a private school) saying my maternity leave will now not start when I want, but start TOMORROW inline with the schools/companies policy because I am off work ill and the illness is pregnancy related. Is this illegal? I thought they couldn't do this until 4 weeks before due date. Maybe it's different as I'm signed off sick.

I will try and ring my union tomorrow but I know I'll worry about it and not manage to sleep tonight unless I have an idea if I'm right or not.

It used to be 9 weeks I think so perhaps they are ignorant that the rules have changed.

I would send them a reply linking to the rules, somewhere like this is quite clear www.maternityaction.org.uk/sitebuildercontent/sitebuilderfiles/sicknessduringpregnancymaternityleave.pdf

Yes it's 4 weeks before, their HR dept is crap and hasn't kept their policy up to date. It changed ages ago as well.

I'd send them directgov link as being official advice. See 'starting maternity leave' paragraph.

thanks for the replies - work have now changed mind and going with what I requested (must've realised they were wrong). Just makes you wonder how many people out there wouldn't question what they said and just went along with it though...

no your company is correct. if ur illness is pregnancy related than they have a legal right to enforce early maternity leave at 24 weeks.

i only know this because i am also on sick from week 11 of my pregnancy. edd is 6th april. i spoke to the doctor about my sick line as was concerned about my job and my continuing sickness. i thought my sickline would be better to protect my job, if it said pregnancy related sickness. it says depression at the minute.

my doctor explained that if my sickline said depression and was not pregnancy related that then i could stay on sick up until week 34, but if it was pregnancy related it is 24 weeks. hope this helps

Sorry weemockney but your doctor is wrong. Please see links above which are correct.

Not sure why doctor is seeing fit to dispense HR advice. Perhaps your GP should stick to practising medicine and leave the HR advice to the experts...

Sorry, weemocky, you're wrong. It's only in the last 4 weeks before your expected due date that the company can force you to start your maternity leave. See the directgov link someone has posted already.

will do thnx

yeah weemocky my work have now altered my mat leave date to when I wanted as have realised what they were making me do was illegal - get that checked out.

Weemockney if your sickeness is pregnancy related that should be on your sick note. If something happens then you will have some protection under sex discrimination legislation as pregnancy related sickness is usually excluded for appraisal and performance/capability management purposes.

I would also complain to the practice manager at your GP surgery to make sure noone else gets any dodgy "advice"

Weemockney if your sickeness is pregnancy related that should be on your sick note. If something happens then you will have some protection under sex discrimination legislation as pregnancy related sickness is usually excluded for appraisal and performance/capability management purposes.

I would also complain to the practice manager at your GP surgery to make sure noone else gets any dodgy "advice"