Signed off until maternity leave because of employer

[mum2bemay22]

My doctor has signed me off until my maternity leave starts in March. I’m not due until middle of May and I’m just shy of 23 weeks. I’ve been signed off due to severe PGP and stress & anxiety at work. I’ve never had a mental health issue before but since falling pregnant my manager has gone out of her way to make my work life living hell. My doctor gave me a note a while ago to encourage my work to reduce my hours due to PGP making it difficult for me but my note got handed back to me and ignored and no action was ever taken. Yesterday I thought my waters had gone at work (TMI - I was soaked)!! I rang the hospital and had to go straight to the labour ward, while I was in the hospital I got a WhatsApp message from my manager addressing the whole region saying ‘I was off sick and she was short staffed’ not something I wanted to read when I didn’t know whether baby was ok or not. She never messaged or rang me to see how I was or baby and that was the final straw for me. It wasn’t my waters luckily but the hospital said it could be stress which is why I am now going off until Mat which I’m sad to leave all my lovely colleagues (except manager) behind but I have to think of baby!! Anyone else been in this situation? Going to citizens advise today to see where I stand with a legal case against her.

Keep the whatsapp message. I dont know what else to advise but didnt want to read and run. Are you in a union?

Have you got access to the company grievance procedure? I would suggest that putting a formal grievance in against your manager would be the first port of call.

You need to think about what outcome you actually want here as you've not mentioned this in your OP. Do you want mediation to resolve the issue between you in the hope you could return to work prior to mat leave? Do you want your manager to be disciplined for bullying? Do you want to stay off now and go back after mat leave? Do you want to leave completely?

If you are hoping for disciplinary action, what evidence do you have of the bullying? Written evidence, witnesses? The whatsapp message isn't particularly caring or pleasant but as a standalone incident is unlikely to lead to disciplinary measures.

Can you clarify your specific complaint and what outcome you would hope for, as it's not really possible to advise without this.

I was signed off at twenty weeks due to pgp he difference being I have a lovely manager who told e to get signed off as she couldn't bear to see me struggle anymore. That was sixteen weeks ago.
Do you get statutory sick pay or occupational sick pay?
Pregnancy related illness isn't counted towards capability so that's one less worry.

Something to be mindful of is that you’re slap bang in the middle of the period where your SMP is calculated so if you’re on SSP when off sick there is likely to be an impact on your maternity pay.

what is PGP ?

You say that since you confirmed you are pregnant your manager has 'made my work life a living hell'.' Do you recall specific incidents and dates, details of what was said/done by your manager, any witnesses? I agree the whatsapp message is unpleasant and inappropriate, to constitute bullying it should be part of a pattern of behaviour.

Also I think your manager has put your employers in a risky situation due to failing to action the advice from your doctor to reduce your hours, with you subsequently being signed off with work related stress. If (as a poster above pointed out) this sick leave affects in turn your maternity pay, you have a potential case building as to the material detriment your manager's actions/failure to act have caused you. And pregnant women have significant protection in law.

I agree with the advice from nerdsville that you should think about and clarify the outcome you want. I suggest that you consider raising a grievance and consider legal action if your employer fails to use that opportunity to have been given to resolve it.

Having said all that: you are off sick at the moment and if you are unfit to work, how are you fit to go through all the stress of preparing for and attending a grievance, and effectively put your case?

Only you/your doctor can judge that…but you could consider trying to put this to one side for now and focusing on your wellbeing, then consider raising the grievance once your baby is here & you are better. If you don't want to wait until your return to work to address this, maybe you could ask for the grievance meeting to be held on a KIT day?

Ok so here is my update...
I have now been signed off definitely until maternity leave commences at the beginning of March. I have contacted the area manager who now has all my evidence (dates times and patterns of behaviour) in writing along with how that’s impacted my health. My GP has also agreed the environment of work has played a part in my early departure. The area manager is now investigating the claims and points I’ve raised and will be in touch. I have been asked if they need me to attend an informal meeting to gain more insight into what has happened if I would be able to attend and I have agreed as long as it is informally. I will not be raising a ‘formal grievance’ as the stress is not something I want to go through right now but I felt my experience needed to be dealt with by someone higher. I am now trying everything to be positive and put myself in a better state of mind and start enjoying my pregnancy. Thanks for all replies and in answer to what I want out of this is just for the woman to be pulled up on what she’s done and caused and be made aware that it is not how you manage people and hopefully it stops her from doing it to another colleague who may fall pregnant in future, other than that, I don’t want anything from them!

I think that's a really sensible attitude to take to the situation - the most important thing right now is for you to concentrate on yours and baby's health, so avoiding the additional stress of a grievance is probably sensible in that respect. But well done for still setting it all out to them so they're aware of what has happened and can take steps to prevent another pregnant employee facing the same treatment.

Don't make any decisions right now about whether you're returning or not, you're not due back til March next year and a lot can change in that time. Maybe the manager will find a new job and sod off! Take your maternity leave and see how you feel nearer the time.

Just something to be possibly be aware of - you've been signed off sick during your maternity pay calculation period, so if your sick leave is unpaid then I would check whether this is going to impact your SMP entitlement.

Thanks for the update mum2be, it's good that you have all your evidence to give the area manager & it is up to him/her how to address it with your manager….it should be taken really seriously.

If they do want an informal meeting, you could always ask to do this by phone or Skype rather than have to attend in person when you're not well? They should agree to this…just a thought anyway in case it's helpful to you.

All the best with this & enjoy your pregnancy.

In regards to my SMP, I’ve had it all confirmed from the area manager and it is what they originally calculated so I haven’t lost out. I get full company pay for the first 12 weeks as well so I’m not concerned about SMP as it’s as it should be ☺️