Any HR experts, can you help? Or anyone in this situtation...........

[samsmam]

Heres the story,

I was on maternity leave with LO which was due to end in September, I have been signed off since then with depression and have also got bad sciatica. I am pregnant again- due feb and planned to leave at christmas and not return there after maternity leave. I work for the NHS and have been there for 10 years.

My boss is now calling me in for a 'chat' to see how they can help and my future plans, (which they already know I'm pregnant and plan to leave at christmas)

I am really stressed out as I know that their informal chats usually turn in to something formal.

I am still suffering emotionally and physically with my back.

My question is what should I do and what can they do? - I have a GP appointment the day before they want this 'chat' and I do not feel that my health is going to improve before this LO is born.

Not sure if I have confused everyone but if you can please help...........

Thanks

Are you a member of your union?

Yes I am but trouble is that the union rep is the secretary of the department I work in.

It shouldn't matter if she is a secretary or not she is still the Union representative and must be impartial.

Also, you can take someone with you to this 'chat' and if you're that worried, also ask if someone from HR can be present.

samsmam what are you thinking they want to do? You are off sick at the moment is that right? You are planning to start maternity leave at Christmas, which they are aware of?

You are anticipating that this informal chat will become formal action of some kind but what action do you think they want to take? Are you anticipating being signed off sick until your maternity leave starts and think they may try and get you back to work?

If that's so they may ask you to see an Occupational Health specialist if they haven't already, for a view on whether you will be able to return to work, but that's nothing to be worried about, if you're not well enough to work you won't have to. They might be meeting you to make you aware of the fact that if you are off sick with pg-related illness they can start your maternity leave at 36 weeks whether you were planning to or not.

Other than that, difficult to advise unless and until you are able to say what you are concerned about - a chat with your boss when you are off long term sick to see how you are doing is perfectly normal.

Let me know what it is you are concerned about if you can and we'll take it from there.

They know I plan to start my maternity leave at 30 weeks anyway.

I don't honestly see that I will be able to return physically and emotionally. I haven't been asked to see a Occupational Health doctor as yet.

I think I am just worried because my friend from the same organisation has had her contract terminated through ill health, so I feel like they are on the warpath.

It is possible to terminate someone's employment due to ill health, but unusual and difficult and I really don't think you need to worry. They would have to be unbelieveably stupid to do it to someone who is pregnant anyway.

If you don't think you will be back at work before maternity leave starts they probably want to talk about that if that hasn't been discussed already. If they ask you whether you will be, say you don't know yet, you have been signed off until [date] so far and will obviously be seeing your doctor regularly.

I wouldn't say to them that you don't think you will be able to come back, just say you will go by whatever the doctor says. I would expect they may ask you to see Occ Health for an opinion about it, but as I say, it's nothing to worry about if they do that.

Ask if someone can be there with you if you like, but you should be all right just listening to what is said, being non-committal about return dates, saying it's all up to doctor etc, and if anything is said or asked which concerns you or you think is not appropriate for a 'chat', just say so and request another meeting at which you can be accompanied to discuss whatever it is.

I do think you are probably worrying more than you should because of your friend though.

I think flowery is right (of course!) it is perfectly normal to arrange a meeting to see how you are, particularly in this situation.

It is highly unlikley that they will try to terminate your employment at this stage, particularly given your pregnancy. It would be far too risky for them. Do you know what the sickness policy is?

I have asked for a copy of the sickness policy to be emailed to me.
Maybe I am being just a little over worrying at moment.

Thank you flowery and everyone. I shall try and stop worrying about it so much at the moment.

~as I know that their informal chats usually turn in to something formal.~
I have been there, handed my notice in at the end. You don't have to attend meeting if you are unwell, get a doctors note to offically excuse you. If you have to attend take the union rep and if things get nasty just leave the meeting (I never did but wished I had done when I was in tears)

Samsman,

I just wanted to agree with Flowery and Ellehcim. They would have to be incredibly stupid to terminate your employment because of ill health whilst you are pregnant.

Do you think maybe your sick pay is about to run out? That could be a reason for wanting to talk to you?

There could also be 101 innocent reasons for the chat. For example, what if they say that they are thinking about maternity cover and wondering if, being realistic, you would mind them starting now. They can't do that kind of thing without talking to you because it would look like pushing you out.

Personally, although I can understand Babies advice, I wouldn't get signed off going to the meeting unless you really, really, really feel you can't go. If there's something they want to talk to you about, they'll have to communicate with you sooner or later and, if they can't have a chat, it is likely to be something much more formal (e.g. a letter or something). If you're worried, you could ask to have a colleague or union rep with you.

I have a certificate that covers the date I am going up for the meeting already- it runs out the following monday. But I am due to see the GP the day before my meeting.

They advertsied my job as soon as I found out I was pregnant. I told them I was not going to be returning after maternity leave- thank goodness nothing happened to this little bean, they would have given my job away already. I haven't even given them my MAT B1 form yet!!

Samsmam is your replacement being recruited on a permanent basis? Have you formally handed in your notice and agreed a leaving date? Or have you just had a conversation where you said 'I'm pregnant and don't think I will come back'?

If you haven't had it agreed in writing that you are resigning and x will be your last day of employment but have only had a chat where you said you were not planning to come back, they shouldn't be recruiting a permanent replacement and certainly if you changed your mind there should be no problem. I know you fully intend not to go back but I would be concerned about them recruiting a permanent replacement based on a conversation about your intentions in over a year's time.

Women are entitled to change their mind and return to work earlier or later than planned, and if they decide not to return they need to hand in their notice in the usual way. My advice would always be not to commit yourself either way until after the baby's born just in case. I suppose technically you could hand in your notice now with an end date of over a year's time to coincide with the end of your maternity leave, but I would be surprised if that's what you've done.

I will go further and say I don't know for sure but I would also be prepared to put money on the fact that even if you handed in your notice formally before you started maternity leave and then changed your mind, they would find it difficult to say you couldn't come back. That's a hunch though, so don't take that a gospel, I might be wrong.

Sorry for all this, my musings really, and deviating from the point of the thread, it's just alarm bells started ringing when you said about a replacement being recruited as soon as you said you were pregnant and you saying if anything had happened you wouldn't have a job.

No- they were interviewing for my replacement post last week. When I first told them I was pregnant they said they were going to advertise as they were putting out other adverts at the same time. They said people might ask questions and it would be difficult for them not to tell everyone I was pregnant. Because I'd been there 10 years and have a lot of friends there I felt like I had to tell all those people before management did- I was only 8 weeks.

I haven't officially told them anything about dates and details. I have sent an email though saying I wouldn't be returning but I was going on the basis that all was fine. I get my MAT B1 this week so I'll make their day and make it official!!

I have got union on to it, awaiting their response. I emailed asking if this meeting was part of something formal and have been ignored so far!

Arghhhhh.

Samsmam that's not good. Do tell all this to your union rep. I am concerned to hear they were advertising for your replacement so soon and forcing you to tell people you were expecting so early on in your pregnancy.
When you get your MATB1 and send it to them I would use that opportunity just to confirm your dates and say when you are planning to go on maternity leave, I really wouldn't mention anything more about whether you will return. I know you don't plan to at all, but there is no need to make anything more official just now, you never know what will happen and as I say, I don't think it's a good thing for them to be acting as though it's definite you're not coming back this early.

I still think the meeting you mentioned may not be anything to worry about, as it's difficult to see any formal action they could possibly take at this stage anyway, but it will be interesting to see what the response is to your question about whether it is anything formal or not. If they say not, do go to the meeting but just remember you can stop it at any time if you feel anything inappropriate is being said.

Do keep us posted won't you?

I sure will, when I got my maternity leave form last time I had to tick a box to say which of the maternity leave options I wanted.

I'll bump this post back up once I've had my meeting or I hear anything from the union.

Thank you for all your help.