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Original poster

maternity leave/ workig whilst over 34 weeks

31 replies

strawberrykate · 10/04/2010 20:22

Hi can anyone help?

My job have stated they need a GP note saying I'm fit to work if I work over 34 weeks (re-done weekly). I thought unless you were ill and it was pregnancy related after 36 weeks they can't force you to start maternity leave? So in other words if I don't provide the note what can they do? I don't particularly want to because
-wasting time in GPs and walking around when I'd rather rest!
-havin GP moan at ME for their daft idea, I can picture it now 'I'm a doctor, I issue SICK notes....'
-I really dislike my GP as they've been pretty horrible this pregnancy acting like I'm a fusspot (I've made 2 visits!) and last time I ended up in tears after going there and days of feeling low. (probably partly hormones, I'm easier to bring down at the moment)
I've had the request from the head of HR. I'm a teacher btw

I feel so depressed about all the fuss/ maternity pay/ tiredness at work today. My SIL is pregnant and all relaxed in Ukraine where attitudes are so different. 8 weeks less than me and sunning herself in the garden, stopped work at 4 months. If I were still in Ukraine I would be entitled to 3 yrs full pay, 6 yrs of having the job held open and you have to finish at 7 months!

OP posts:

flowerybeanbag · 10/04/2010 20:36

They can't do anything. GP's don't give notes saying people are fit for work anyway. They give notes saying people aren't fit for work, and can now give notes saying people are fit for some work. But there's no way you can go in to your GP perfectly fit and healthy and ask for something saying you are fit.

I would suggest you say to your (apparently clueless) Head of HR that you are currently absolutely fine and have no plans to go off sick. Should you feel not up to coming to work you will of course at that point visit your GP who will no doubt issue the appropriate note if necessary.

Do they think you are coming into work unfit or something?

NonnoMum · 10/04/2010 20:47

Do you know what? i read the title only of your thread, and thought to myself, bet she's a teacher.
Don't know why, but some Heads can't seem to get up to date with the latest Maternity Rules/Regs (are you in a small primary school, perchance).
You can work as long as you like (as far as I know). One of my colleague's waters broke in the staffroom.
Check with your county/LEA if your Head is being such a muppet.
Oh, and change your GP as soon as...
Good luck with everything.
(I've worked until 38 weeks with one of my pregnancies)

Original poster

strawberrykate · 10/04/2010 20:48

I'm very healthy in general inc. pregnancy (well 5 days off once for a vicious stomach bug half the school got but happens to anyone!), there's few women probably at 34 weeks who are lucky enough to feel like I do! It's a borough policy and asking friends has been around for years (she had her ds 5 yrs ago and they were sending the same letter then).

OP posts:

Original poster

strawberrykate · 10/04/2010 20:50

NonnoMum-my head is fine, quite a nice guy and pretty understanding (even the odd hour off before early antenatal appointments letting me come in late. It's payroll I'm worried about, nothing to do with pay etc. is handled by school and whilst they're all lovely they don't have a clue either.

OP posts:

WidowWadman · 10/04/2010 20:51

I worked until 38+1 and gave birth at 38+3 and never needed a fit note or anything like that.

Original poster

strawberrykate · 10/04/2010 20:51

lol, and yes we're a v. small primary, with everyone acting up as head and dep have gone, hence noone really having a clue.

OP posts:

MrsT30 · 10/04/2010 20:53

I've never heard anything so ridiculous! I'm a teacher too and no-one has asked me or the 6 other teachers who have had babies in my school in the last few years to do this. From what I remember I was far fitter to work at 34 weeks than I was at the beginning when I was constantly sick and had a seriously short fuse. Dear me what will they think of next. Sorry I can't be more help with the legal stance but just wanted to back you up!

Original poster

strawberrykate · 10/04/2010 20:53

WidowWadman, I know that's the norm, schools can just bit a bit nutty and I'm wondering what the worst they can do is. If it's nothing I'll jst ignore them, by the time they track me down I'll be gone.

OP posts:

yama · 10/04/2010 20:54

I am also a teacher and our Union rep emailed us last week to say that as of 10th April 'sick notes' were to be replaced by 'fit notes'.

I don't know how this applies to pregnancy after 34 weeks however. Suppose I'd better find out.

Original poster

strawberrykate · 10/04/2010 20:55

MrsT, all the others I've asked have complied with the silly rule and have stories of moany GPs having a go at them. Noone has stood up to it. Part of it's principle for me, I hate seeing employers flout the law, it sticks in my throat as it can make a real difference to employees more vunerable than myself in the future. I'm sure it would force some people into leaving earlier or cause unncessary stress to those laready having a tough time.

OP posts:

Original poster

strawberrykate · 10/04/2010 20:56

yama-I wouldn't worry too much, my borough is notorious for problems and seems to be isolated to them. Other teacher friends are bemused by it.

OP posts:

yama · 10/04/2010 20:57

StrawberryKate - are you to go and collect your fit note during school time?

Original poster

strawberrykate · 10/04/2010 21:03

Yama- I thought of that but even that is a crap option, I don't drive and it's an hour at least between GP and work on the buses (I get a lift there from friends normally at end/beginning of day). I feel like death after 2 hours on the bus and half an hour of hot waiting rooms, bet it would be worse in this weather. I doubt they'd give the note by the time I got there I'd probably look a state with high BP! Also my class are yr 6 and preparing for SATs and seems a right waste of their and my time.

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JustAnotherManicMummy · 10/04/2010 21:07

strawberrykate I would write back a letter to them along the following lines because what they are asking you to do is a breach of sex discrimination legislation:

Dear XXX

Thank you for your letter dated XX requesting me to provide a letter form my GP weekly to confirm I am still fit to do my job. I have a few points I would like you to clarify:

That I am being asked to provide this note solely because I will be in excess of my 34th week of pregnancy

That I am not being asked to do this because of concerns about my sickness record.

That it is only pregnant women who have to provide a note to confirm they are fit for work when they have not previously been off sick.

If you confirm those three points I regret that I will be unable to comply with your request as you would be in breach of sex discrimination legislation.

I trust that if I have made a mistake and misinterpreted your letter you will let me know of any concerns you have about my sickness record in accordance with the standard policies applicable to all staff, both male and female.

Yours sincerely

strawberrykate.

I am so angry on your behalf

Original poster

strawberrykate · 10/04/2010 21:09

Oooo I like that, thank you! Well worded.

OP posts:

yama · 10/04/2010 21:11

If it were me I would go to my Union Rep and let him deal with it. I certainly wouldn't be going to Doctor. Very stressful indeed.

JAMM - great letter. I shall save it just in case.

JustAnotherManicMummy · 10/04/2010 21:11

Thank you. But take out the typos

Hope you get the stupid policy changed.

NonnoMum · 10/04/2010 21:13

I think (not sure) that the only legal requirement is that a woman does not work in the two weeks post-partum.

Oh - and that you are entitled to time off for ante-natal appts etc (but things seem fine there).

Are you working in a parallel county? Orkney? Rutland? Westfordlyandshire?

Good luck to you and your baby (and even your class and their SATS -but, you know what, they'll be fine)

Original poster

strawberrykate · 10/04/2010 21:19

Er...I work for probably one of the most densely populated boroughs in the UK. I'd identify them if I sy to much because their ongoing problems with running schools are rather unique....

OP posts:

NonnoMum · 10/04/2010 21:28

Aha - 'nuff said.

MrsT30 · 10/04/2010 21:32

It gets worse! They know how difficult this would be for you and yet they still ask. Unbelievable. And as for them saying it's standard policy - that's a cop out, there's always a way. I loved JustAnother's idea. My first thought was that this is dicrimination. If you're brave enough, go for it - but obviously you're the one who has got to work there again (if you go back). Good luck.

EggyAllenPoe · 10/04/2010 21:35

although i think my work request your leav commences at least 2 weeks prior to due date, that is (i believe) in acordance with the law...

i do not need a sick (or fit) note, though if i have a lot of time off for pregnancy related stuff they can send me on mat leave early..

i like the letter previously suggested, looks right to me,

Original poster

strawberrykate · 10/04/2010 21:49

I just dread to think how the LEA can cause problems with pay if I don't do anything. They have AGAIN been taken over by yet another company, each more inept than the last (repeated failed OFSTEDs for LEA). Last month they screwed up the pay for EVERY teacher in the borough by not communicating with tax office. My paycheck has changed 3 times as to who the employer is this year alone. School's great though, in the circumstances particularly.

OP posts:

JustAnotherManicMummy · 10/04/2010 21:52

Have a look here

How much maternity leave you take is entirely up to you. The only caveats are that it is not more than 52 weeks and not less than two weeks (compulsory maternity leave) or four weeks if you work in a factory.

The latest you can start your maternity leave is the day after your baby is born (if the baby arrives unexpectedly before your maternity leave was due to start) or the EDD. If you are off sick and 36 weeks or more pregnant your employer can start your maternity leave early.

Your employer should also do a risk assessment once you tell them you are pregnant.

Asking you to provide GP letters because you are pregnant (a situation which could never happen to a man) is arguably sex discrimination. Simply because it could never happen to another man.

You are right to question this. It is discrimination and wrong.

JustAnotherManicMummy · 10/04/2010 21:54

to another man? to a man.

I don't know where this extra man has come from...

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