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Help/advice regarding work and maternity pay/leave

13 replies

MissH995 · 07/12/2021 11:52

I am 20 weeks pregnant on Friday. I am a high risk pregnancy (due to previous losses and now recent result of group b strep which I know is nothing to worry about now it's been found) I work in a well known supermarket and since I've been pregnant the role I was in has been changed to caretaker as it's only really a role I can do for so much longer now I'm getting bigger ect and bending down and stretching to clean shelves is proving difficult. So in January I'll have to go off of that duty and just do close shifts till maternity leave. Which is 11pm finishes.

To the point I'm making, I've been off a lot at the start because of sickness, and now I've suffered with leg pain and back pain so I've been off for 2 days and my doctor has wrote me a note for amended hours and not to be on my feet for more than 4 hours. So for example I was standing in self service checkouts for 5+ hours sometimes without a toilet break unless I really stressed I needed to go. The place is so short staff and not trained probably since everyone has been leaving. I work 5 days a week with 2 days off which are normally a Tuesday and a Sunday. All 6am starts and Christmas week she has changed it to 5am. My doctor wrote in the note no more than 8 hour shifts. Which can easily be fitted in to get my 30 hour a week contract. Which from the start I've said to her I would rather just do my contract and not loads of overtime on top as I was doing 45 hour weeks.

My boss didn't understand this at all when I gave her the note yesterday. She said "so you'll work 8 hours with no break so you're just doing a 8 hour shift" "and I'll put you in 8 hours every shift" which isn't the case because then it would be 40 hours a week if she wants me in 5 days a week. So I was confused at what she didn't understand about that and about the not standing for more than 4 hours. So she said "so you can't stand at all" yes i can stand but not for the silly times they've been expecting me to. She then said I owe them hours for being off sick and it has 9 hours on my banked hours, but she's said she would say it was 20 hours if she has to guess. But the screen for payroll said 9 hours, so her guess is silly when the number is there on screen. She's then said I'll get less maternity pay if I work my contracted hours, but how does that work out since I'll be earning more than £120 with my contract hours. Even if I worked 10 hours less, I'd still be earning more than £120 a week. Which I presumed that's how maternity is paid?

She honestly doesn't have a clue and I feel like I'm being sold down the river because of her lack of knowledge. Which we've come to heads about before when she wanted me to take my scan appointments and consultant appointments as holiday days. To end the conversation she said why don't I go on maternity leave early and I really don't know how I keep my cool with her🙄

OP posts:
cruffin · 07/12/2021 11:56

Go to HR.

Tibtab · 07/12/2021 11:59

Look at the Pregnant then Screwed website for advice. You could also try contacting ACAS.

MissH995 · 07/12/2021 12:02

@cruffin I've been to my area manager and HR when she tried using holiday days as my appointments. They just corrected the problem and told her about the correct rights and now here I am again

OP posts:
cruffin · 07/12/2021 12:07

So go back then or ask for a joint meeting.

MissH995 · 07/12/2021 12:10

@cruffin okay wow😟 just looking for advice for myself as back up to have all my ducks in order instead of relying on HR and high management to fill me in as I've said I feel like I'm being sold down the river so would like my own knowledge. Hence doing this thread to see if anyone else has been in this situation of has knowledge on this situation. Thank you🙂

OP posts:
Danikm151 · 07/12/2021 12:13

The gov website has the information on maternity rights as well as acas.
You can’t work 8 hours without a break. There should be a risk assessment done especially as you have drs notes.

MissH995 · 07/12/2021 12:16

@Danikm151 risk assessment was done when I found out I was pregnant. So I informed them at 7 weeks after a scan at my fertility clinic confirmed a pregnancy. That was the only risk assessment I've had. Is that correct? When I've been off unwell she's done a return to work and just asked if I've been to the doctors and then that's that

OP posts:
ChicCroissant · 07/12/2021 12:26

If you get enhanced maternity pay from your employer (and not everyone does because not all employers provide this) then it would matter what you were earning at a particular point - she may be referring to this. If you don't get sick pay for instance and you have been off during the qualifying period it may make a difference because your salary during that period will be lower than normal.

If HR and the Area Manager have been effective in the past then it is a good idea to go back to them. Otherwise the Government website is a good source, and your company's maternity leave policy.

cruffin · 07/12/2021 13:26

It sounds like your HR sorted things before so why you wouldn't be emailing them asap I don't know!?

MissH995 · 07/12/2021 13:37

@cruffin I'm not saying they didn't. I'm just saying I want to have my own knowledge before going in to that so I know what I'm being told is correct and I have my own ducks are in order

OP posts:
minimecantrollerskate · 07/12/2021 13:45

She can't make you work 8 hours without a break - Government info on this link:

www.gov.uk/rest-breaks-work

You do need to go back to HR. If they are a well known business then they must have a good HR department which is in your favour. Don't take any crap from the manager, go to HR , explain your medical situation and see what they can come up with to suit you and them.

Aprilx · 07/12/2021 13:45

[quote MissH995]@cruffin I'm not saying they didn't. I'm just saying I want to have my own knowledge before going in to that so I know what I'm being told is correct and I have my own ducks are in order [/quote]
I have read your post and can see that there are some issues to be resolved, but I can’t cut through to what specifically is your question. What is it you want to do and what is it you need to know before you have your next meeting?

gogohm · 07/12/2021 13:50

Is there a language barrier? Did she think you were asking to work straight through? Because it was my instinct from reading this. I would speak to her and say you need max. 4 hours before a break and no more than 8 hours in total per day, reiterating that you want to work your contract hours no more

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