Work questioning maternity leave agreement

[Skegness]

Can anyone help? I work for a local authority, in case that's relevant.

Five weeks before I was due start maternity leave I was signed off sick for 1 month because I had pregnancy related bleeding. Since the sickness was pregnancy related, I thought I would be asked to start my maternity leave early and contacted HR accordingly by phone to ask them to redraft my maternity leave contract. However, the HR associate advised that my employer was happy to accept my sick certificate for one month and that I could then use my residual 5 days of annual leave and start maternity leave on the originally planned date. He was absolutely categorical in stating that I did not need to start maternity leave earlier than planned and that the contract we had already drawn up stood. I emailed a summary of our conversation and the agreement to the HR associate, who forwarded it on to my line manager.

Fast forward 8 months. I'm having a lovely time off with my baby and, according to all the paperwork and agreements to date, I am due back to work at the beginning of June. However, I have just received a phone call from HR saying that my maternity leave should have started early as my sickness was pregnancy related. The HR associate I was dealing with has left and payroll has questioned the sick note with his successor. I explained to the new HR person the agreement that is in place and have forwarded her the email correspondence detailing the agreement.

Though she did not spell out the employer's intention, I am assuming the worst- that they will now either try and make me return to work a month earlier than planned or not pay me for the final month of leave. I'm feel like the rug has been pulled out from under my feet as I'm not ready emotionally or practically for the former or financially for the latter possibility.

Does the email stuff and my maternity leave contract give me any protection? Can anyone give me any advice on how best to resolve this situation? Very grateful to anyone who can help.

When were you planning to start leave, at how many weeks pregnant? If you are off work with pg-related sickness 4 weeks before your due date then your employer can start your maternity leave early, although they don't have to. Were you planning to start your maternity leave significantly later than 4 weeks before you were due?

The original maternity arrangements themselves don't matter particularly, as they would normally become irrelevant once you are off sick from 4 weeks before your due date. It's the fact that you were specifically told by HR that your maternity leave didn't need to start early despite your sickness that's important.

What does your maternity policy say? Most will say something about this type of eventuality. It would also be common for a letter confirming maternity dates to state that these may change if you are off sick with pg-related symptoms.

Thank you very much for your reply, flowerybb. I was due to start maternity leave at 39 weeks pregnant and was signed off sick at 34 weeks. I thought that work were entitled to start my maternity leave once I was 36 weeks pregnant, rather than give me sick leave, so I called HR to clarify the situation. But the HR guy said not to worry, my maternity leave would still start @39 weeks as planned and the sick note plus annual leave would take me through to that date. As I say, that was then put in an email- one of those "further to our conversation, I am writing to confirm that you have advised that...." type things and the HR guy forwarded it to my line manager for information.

Can they now backtrack on that, do you think? I haven't looked at my maternity policy- will try and dig it out later- but am certain that it will say that they can start mat leave early in the event of sickness within 4 weeks.

I was v surprised they didn't make me start mat leave early, tbh, but having had categorical assurance that they were not going to do so I proceeded very happily on that basis. I would be pretty gutted to now have to pull things into place to go back earlier (am still trying to find childcare etc) or find a mortgage payment from thin air.

I certainly think you can and should stand firm, assuming they do actually try to backtrack. In their shoes I wouldn't. For the sake of three weeks, if someone had had it in writing that their leave would not begin early, and in fact their maternity pay didn't start early or anything, I wouldn't try to adjust things so far after the event. It's one thing doing it soon afterwards, but you were told your maternity leave wouldn't be started early, in the event it indeed wasn't started early, you starting receiving maternity pay from the date previously agreed, so it's all done now.

You did all you could be expected to do, anticipated your employer might want to start it early and contacting them to that effect. You were advised that wasn't necessary so could do no more. Their mistake isn't your problem, and as I say, for the sake of three weeks, in their shoes I'd leave it at that.

Many thanks, flowery. That's very reassuring. I really hope they will see it as you do!