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Can work tell me when to go on maternity leave?

5 replies

BlinkAndMiss · 12/05/2015 08:54

I'm 35 was pregnant and I know that pregnancy related sickness after 36 weeks can trigger maternity leave. I've was signed off for 2 weeks for a pregnancy related illness which has taken me into my 35th week (35+2 days) and my boss has automatically started my maternity leave. Is this how it works? The sick note runs out the day before I turn 36weeks.

At the same time, to add to the complication, my Dr has decided that my illness may not actually be preganacy related and has issued me with a sick note which does not mention pregnancy. It starts this week when my other one runs out, the day before I turn 36 weeks pregnant.

Is my employer correct? They are saying that my maternity leave would begin the Sunday of the week I turn 36 weeks and not the actual day, or the Sunday after, so therefore she has 'no choice' but to start my maternity leave (and pay) from yesterday.

It just feels a bit unfair, my due date isn't for ages and I'm already having to have a short amount of time because of money.

OP posts:
BlinkAndMiss · 12/05/2015 08:54

*35 weeks, not 35 was.

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ThinkIveBeenHacked · 12/05/2015 08:57

If you are 35+2 then you are 2 days into your 36th week. Your contract probably states 36th week rather than 36 weeks.

BlinkAndMiss · 12/05/2015 09:06

It probably does as this is what my boss was saying. It's just annoying because I still had some lose ends to tie up, I just needed another week to get those done even if it was from home. I'm reluctant to do any of it now because they won't pay me.

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ThinkIveBeenHacked · 12/05/2015 09:20

So dont do them. Just enjoy your time off Grin

BlinkAndMiss · 12/05/2015 09:36

Definitely not doing them, going to relax as from now :).

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