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Reduced hours due to pregnancy related complications

8 replies

KnackeredCow · 18/09/2012 17:19

Sorry - this is a long post!

I'm 16 weeks pregnant with twins, and have had a pretty rough first trimester to say the least. I had to take one day off sick at around nine weeks, but continued to feel more unwell.

At 11 weeks I went to see my GP and he signed me off for two weeks with pregnancy related complications. Following this period, the GP provided a "fit note" with a recommendation of five hours per day - a reduction from 7.5 - for three weeks and then review after that.

Occupational sick pay as set out in our employment handbook is 13 weeks full pay, 13 weeks half pay and then SSP. There are no guidelines as far as I can ascertain on how long an employee may claim full pay if working reduced hours at the direction of a healthcare practitioner.

I am in the third week of reduced hours and my fit note expires at the end of the week. Next week I have a week of annual leave booked.

Today, my boss (who's also our Chief Executive) finally bothered to do my return to work interview (more than two weeks after my return). He stated that if after four weeks I am not fit to return to full time hours he'll reduce my pay accordingly.

My question is, can he do this? I like my job and want to work as much as I can. It seems a very backward way of looking at it. If the GP signs me back off if I'm unable to work my full hours, I'd be eligible for full pay. If I continue to work, albeit on reduced hours (assuming I'm not fit to return to full-time hours after the GP's review) my pay will be reduced. I do fully appreciate that reduced hours can't be allowed forever if there is no hope of recovery, but this is a temporary state. If I wasn't pregnant, I wouldn't be on reduced hours.

I checked with one of my colleagues and she told me she's had members of staff on reduced hours for more than four weeks and has not reduced their pay. So it does appear that there is no precedent set that we reduce pay.

My boss isn't a pleasant person, and I wonder whether his comment is a way of forcing me back to full-time hours. In my return to work interview, he didn't reduce my workload even though I had sent him an email before my return asking that we discuss how we ought to prioritise my department's business objectives in the short-term given my hours are temporarily reduced.

Finally, and this is what really makes my blood boil, is that my boss consistently starts work between 9.30am and 10.00am and leaves no later than 4.30pm. Lunch is unpaid and he always takes an hour. I have never ever known him to work more than six hours in a day. It seems it's one rule for him and another for the rest of the staff.

I can't speak to HR as my boss made the department redundant about four years ago. He stated that he could manage that function sufficiently...

I appreciate it could be fair to reduce my pay if I'd used up my OSP entitlement, but I haven't AND I do hope to return to work on full time hours as soon as is practically possible. I'm hoping that this question might even be redundant and I'll miraculously feel much better by the time my annual leave has come to an end!

Any advice would be appreciated. TIA

OP posts:
BlackSwan · 18/09/2012 23:03

Bumping for you. Doesn't sound right to me - doesn't square with what is said in your handbook.

YoullLaughAboutItOneDay · 18/09/2012 23:09

Honestly? Your OSP entitlement has nothing to do with how they treat you on reduced hours. The two do not interact at all. He can be generous with one and treat you like shit on the other.

Unless there is some way of shoe horning it into health and safey maybe? Take a look at direct.gov.uk. If they change your duties or reduce your hours for health and safety reasons, they cannot change your pay. Can you maybe argue that applies.

If he is an arse, I suspect that the doctor would look favourably on signing you off completely.

Sorry you are in such a difficult situation.

BikeRunSki · 18/09/2012 23:14

I don't think you can be penalised for pregnancy related problems. I my first pg, I was off sick for 8 weeks (hospital and hyperemisis) and then had a phased retur, building up from 8 hours and week (2 half days) to full time over a few weeks. I was on full pay the whole time.

YoullLaughAboutItOneDay · 18/09/2012 23:16

You cannot be penalised, but you don't have to be treated any more favourably than similar sick employees as regards pay, IYSWIM. The penalised bit relates to things like disciplinaries or redundancy criteria.

Rockchick1984 · 19/09/2012 08:41

When I was ill during my pregnancy, I spoke to HR about this (massive retail bank) they actually told me I'd be better off signed off sick as my pay would be docked if working reduced hours, whereas I got 3 months full paid sick.

The exception (although I'd assume it was company policy rather than law) is if I was returning to work from long term sick (more than a month) and doing a phased return eg gradually increasing my hours. They would allow me to stay on full pay while doing this :)

flowery · 19/09/2012 09:02

An organisation's occupational sick pay terms and conditions are set by the organisation so if there is no specific provision for reduced hours for medical reasons on full pay then technically there is no need for them to do that.

However if they offer such generous sick pay normally, it doesn't seem in the spirit of their policy to penalise someone who comes into work rather than being signed off sick completely.

I would suggest appealing that decision on those grounds, that if they reduce your pay they are penalising you for coming into work as you would be better off if you were off sick. Say also that you are aware that others have been able to reduce hours for medical reasons on full pay for longer periods and it would seem sensible to do the same for you to avoid you going off sick altogether.

Then if he refuses, I'd get signed off sick completely and take advantage of the full pay.

KnackeredCow · 19/09/2012 11:52

Thanks everyone for your responses. Really helpful.

It does seem a little bit silly that you can be better off not working at all than doing some work, but I guess that's the way it is.

I really hope I feel up to full time hours within the next two weeks. Unfortunately, I then move into the calculation period for my SMP (the two months before the qualifying week). If I'm on docked pay, my SMP would be adversely affected, but if I'm signed off sick on full pay it won't be Hmm

OP posts:
YoullLaughAboutItOneDay · 19/09/2012 17:22

You know the answer if you aren't up to full hours then....

Short sighted policy, but you have to do what is best for you if they aren't willing to give a situation which is a total win/win for everyone.

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