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Advice please..Just refused Flex Work Req and i'm Pregnant

2 replies

bisbis · 16/04/2009 13:02

Hi all,

I've just been refused a flexible working request because a minimum of 10 full time staff is needed for my department to work effectively and i know for a fact that theres actually no work and my colleagues are not doing much.

I dont think i'll appeal because they'll just find more excuses and i just dont have the energy.

Sadly I have to go back to work full time on the 2nd of june, i'm also pregnant. I intended on working till my 38th week if i my part time request was accepted but now i just want to go in and get out as soon as possible.

my question is

How soon after i start can i go on maternity leave?

How long do i have to work before i can qualify for maternity leave again?

How soon do i have to tell them i'm pregnant? can i tell them before i start?

I'll probably be about 15 weeks pregnant when i start work.

Thanks in advance for you help.

OP posts:
RibenaBerry · 17/04/2009 15:38

Hi Bisbis,

I won't put lots of stuff about the flexible working request, but do think about appealing if you feel strongly. Even if your dept feel that they need 10 full time staff in terms of hours (and assuming that is genuine), there is no reason from your post why that couldn't be made up of two or more people on part time hours...

In terms of your specific questions:

  • You can start maternity leave 11 weeks before you're due. If you have holiday to take, you could tack that onto the beginning;
  • Your entitlement to maternity leave is not linked in any way to length of service or time back from previous leave. It's a right which applies from day one of employment (and, incidentally, time on leave counts as service). However, any entitlement to statutory maternity pay will be calculated on earnings in weeks 17-25 of pregnancy, so this could be affected if you go back heavily pregnant. Based on what you've said, you should be ok;

-Company enhanced maternity pay (if you have any) may require a minimum time back at work after a previous leave, so do check that. It would be frustrating to miss by a small amount;

  • You have to tell your employerthat you are pregnant by 15 weeks before you are due (i.e. around week 25). In reality, with most people it becomes obvious before that. You can tell them as early as you like, including before you go back, if you want to.

HTH

bisbis · 18/04/2009 22:11

Thanks for your response RibenaBerry, i now have a clearer understanding of my rights. I will appeal based on the point you've made above about 2 part time staff and i'll probably let them know i'm pregnant before i start.

Thanks once again.

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