starting mat leave when suspended

[ThePrisonerOfAzkaban]

I've been suspended on full pay for my full time caring job. I go and do 9 hours a week cleaning but I get paid 36hours as they can't put in place the health and safety policies. I'm due on the sept 11th so can first take mat leave from the end of June, whoever I was planning on taking mat leave at the end of July middle of Aug. Can they force me to take mat leave as soon it is possible or can I take it when I want to? I am able to work, I'm not ill or anything.

You can start your mat leave at whatever date you choose, unless you are off sick with a pregnancy-related illness in which case your employer can automatically trigger your maternity leave. That only applies in the last 4 weeks of pregnancy, however.

Even though I'm suspended, they won't like that. But I worked right up to due date with my first so going on leave early seems such an waste and not something I would choose. Just wondering as I'm suspended would different rules apply?

No, you are not penalised for the fact that they've been unable to fulfil their health and safety obligations.

Thank you, however it can't find anywhere on any legal sites

The "legal sites", assuming they are decent ones you are looking at, should all be clear that you choose the start date of your maternity leave unless you are off sick with a pg-related condition within the last 4 weeks of pregnancy.

Not sure what else you're looking for from here.

Is suspended the right word? Surely you can't be suspended for being pregnant?

The OP is suspended on full pay on health and safety grounds - if an employer can't make adjustments to a role to make it safe during pregnancy, it is obliged to find alternative work. If there is no alternative work, they must suspend the employee on full pay.

Just the way my boss is saying it like I must the earliest date I can to start mat leave due to being on suspension. If not on suspension can take it when ever I want. I can't seem to find anything that says either way, it just seems to state the standard pregnancy rights as too when you take leave and not anything to do the the suspension, which my boss is using to get me take leave early therefore saving them money.

It does say either way! It says you can take it when you like, the exception being if you are off sick with a pregnancy related illness. If there was a further exception if you were suspended on health and safety grounds, it would say so.

Just confirm to your boss that you are entitled to start your maternity leave when you like and give him/her the date you intend to take it. Point him/her to the gov.uk page where it says when you can start maternity leave, and to the one exception. It's up to him/her to find proof of another exception, which he/she won't be able to do.

Flowery is, of course, absolutely right. You can only be forced to start maternity leave early if you are sick with pregnancy related illness after 36 weeks of pregnancy.

You aren't sick. You're pregnant. It just happens that the job you do is unsafe in pregnancy and they can't think of an alternative that is safe.

You can go on maternity leave whenever you choose and your employer can't demand you start a day earlier.

Thank you both, most helpful. This is an utter nightmare though, thanks a load