Urgent Help Please! regarding mat leave and sickness during pg- FBB or anyone else?

[EachPeachPearMum]

I work in the public sector.
I am 24 weeks pg, and have suffered a lot of ill health this pg- heart condition and respiritory infections. I have had so far about 7 days off work 'sick'. I hope to finish on Dec 23rd, using my leave, baby due 3rd week January.

I am meeting my managers this afternoon to do risk assessment (should have been done when I informed them, but they didn't know about it!) and MATB1 forms.

I know my immediate manager is going to suggest (again ) that I go part-time, as I am still suffering extreme tiredness. If I went part-time now (well- it would be dine through flexible working scheme) would it affect my maternity pay?
I really can't afford to go PT right now- DH works for himself, and is income is extemely erratic, economic climate is not great either.

Prior to pg I have had an excellent attendance record- for first 7 yrs had NO days off sick. Since then, probably 3 days per annum for due to sinusitis.
With my first pg I had absolutely NO sick leave at all.

What do I say to them, as I know this will be raised? She has been making unsubtle hints since I was 14 weeks pg, and I had 1 day off sick.
Surely I am entitled to sick leave if I am genuinely ill?
Should I ask if there is a performance issue?

Thanks if you read all this!

I'm NOT in HR, but I am pg and in the public sector. And I've been reading my maternity guidelines.

The p/t and income thing - I don't know the rules you work under, but it would affect my maternity pay. We're even advised to stop any nursery vouchers when pg as they reduce the income that maternity pay is calculated on.

The sickness - pg related sickness shouldn't count towards your normal sickness record. I'd be amazed if they can force you to go p/t.

And 7 days over 24 weeks isn't that bad, is it? I'm another one who (touch wood) is never off sick, but given that some people need months off, it really sounds like they would be pushing it to try and force anything on you for that level of absence...

I thought that would be the case- I'm assuming they calculate it using your past years' income.

Oh - I know they can't FORCE me to, but this woman is so insidious! and she completely has the ear of my ultimate boss, who previously would have been extremely sypathetic, and more concerned about MY health rather than my sickness record.
Unfortunately the climate being what it it (single status, and MANY other changes in our authority) the bottom line is far more important these days.

see this

"It may be that reducing your time at
work would remove or reduce the risk; if so, your hours of work should be
temporarily changed, if reasonable (if your hours are reduced, your pay
should remain the same, i.e. you should be paid for your normal working
hours)."

Ah- very interesting! Thanks BettyB!

Have had my interview now, and it wasn't actually suggested... my immediate manager let slip that her heavily pg DD had just had the last 6 WEEKS off, so she probably realised 6.5 days isn't particualrly extensive

I have been placed on reduced hours 3 days a week due to sickness in pregnancy and this has been advised by HR and occupational health.

The days I am not at work are classed as sick and I am payed as usual but it comes from my sickness allowance which is 65 days- and after this, I will not get payed, but it wont come to that.
I do work for a very big blue chip company so maybe its their company policy opposed to law but I think they cant force you to work part time - but cant be sure

It shouldn't do, because mat pay is calculated using the income from weeks 17-25 of pregnancy, and by the time you started part-time work you would be past 25 weeks.

my mat pay is calculated at 15 weeks BEFORE the expected week of delivery

That's right lillymolly. 15 weeks before EWD is 25 weeks pregnant, and they use the previous 8 weeks earnings to calculate it (i.e. weeks 17-25).

Oh no my company goes back to 15 weeks pre due week.
Takes that weeks wage as an average to calculate the MAT pay

Last time I was off I was paid commision in that week so clocked loads extra than an average wage for my entire mat pay

I think its different for every company

I know you've had the meeting and it wasn't suggested eachpeach, but just to add a couple of thoughts.

If your employer reduced your hours because of a health and safety risk that would have to be on full pay. But that would be very unusual. If there is a risk that has been identified it would be usual to try and find a solution, a different way of working, or to stop you doing that particular task, or make an adjustment. If for some reason it was not possible to adjust and no alternative work could be found anywhere for you to do, you could then be signed off on H&S grounds.

Being exhausted or any other maternity ailment isn't a health and safety issue as such, so if you went part time it would usually be on reduced pay.

But as several people pointed out, maternity pay is usually calculated using an average of weekly earnings from the 8 weeks leading up to the 15th week before your due date - weeks 17 - 25 as lou says. So even if you did go part time after that point, it would not affect your maternity pay at all.

Lillymolly I would be surprised if they only look at week 25 to work out maternity pay where you are. An employer shouldn't base maternity pay on a single week, but should always work out an average, which would almost always be done looking at an 8 week period leading up to week 25.

Just one more thing eachpeach. As you probably know, you now continue to accrue your full holiday entitlement during your maternity leave. I know you said you are taking some leave before you start maternity leave but as well as the rest of this year's leave to use up, you also have all the leave you will accrue while you are off. You may be able to take some when you get back depending on how long you are off, but you could consider using it one or two days a week to effectively reduce you to part time hours but keep you on full time pay?

Oh maybe I got it wrong then!!

Must check as still taking childcare vouchers out of salary which will impact on my final mat pay!!

Thanks for all the help people!

I did have the H&S assessment today- but other than anti-social hours (which are a rareity) there is nothing concerning there. My supreme boss said that if there were anything to come up in the evening that I should get someone else to cover anyway, which is fine.

Re the leave issue, I know about accruing, and last time I used my accrued leave to come back on a staggered return, but full pay IYSWIM. I have saved my leave this year, so should be able to stop at christmas, but start maternity about 2 days prior to due date.
As I'm due at the same time of year again as last time, I can use this to my advantage again, and just do 2 days then 3 days per week until March 30th (end of leave year for us).

Not 100% sure yet, but if I want to resign on my return, it also means I can work out my 13 weeks (necessary so I dont' have to repay occupational mat pay) doing just 2 days per week- sneaky I know, but by god they have had their money's worth out of me for the past 10 years! (55 hour weeks when 7mo pg last time round!)

Sounds all very organised, good to hear you're on the ball!

Only slight fly I will chuck into the ointment is to say that although your accrued leave will be enough to allow you to work 2 days a week during your 13 weeks back should you resign, that does depend on your manager being ok with you doing that. Just because you have the leave available doesn't mean they have to let you take it exactly when you want - they could force you to work 13 full weeks if they want to and then pay you any leave owing with your last salary.

I'm sure you know whether or not that's likely to be a problem - doesn't sound like it if you've been able to do something similar previously, but worth just mentioning, partly for the benefit of anyone else reading.

I didn't know that, but thank for pointing it out. It is unlikely they would do that to be honest, and really I am fully intending to go back, though it may be that I reduce my hours.

I don't know of course yet whether there will be any circumstances meaning I can't (eg DS having SN), which is what I am making allowances for.