maternity leave/ workig whilst over 34 weeks

[strawberrykate]

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!

I wouldn't go with the letter myself, unless this request is part of a pattern of discrimination. It sounds very accusatory and defensive. Although obviously applying different rules to pregnant women is discrimination, depending on the motives and to what extent the discrimination is malicious and deliberate, how you handle it might vary from situation to situation and depending what outcome you want.

I would suggest you say what I've suggested first. Give them a chance to check out the law and take back what they've said before you formally accuse them of discrimination in a letter. If they mean well and are just clueless, then they can fix it and all will be well. You can go back to work and your working relationships and situation will be fine.

If they don't back down following a conversation or more informal letter/email, then at that point you can get very formal and talk about sex discrimination. You haven't lost your chance to do that, but for your benefit as well as theirs I would give them the opportunity to put it right first, unless as I say this is part of an overall pattern of discrimination that you've been putting up with for a while.

I disagree - I think go with the letter.

But, of course, it's up to you!

The thing is, although it's obviously wrong to do so, I can see that it's perfectly possible that someone meaning well could think asking for statements of fitness to work for women who are heavily pregnant working in quite active jobs is a sensible and responsible thing to do.

Although it's right to refuse to comply with that request, launching straight in with a formal letter like the one suggested could come as a very unpleasant shock to someone who thinks they are doing the right thing, and might sour the OP's relationships at work. Once you've written a formal letter basically accusing your employer of discriminatory behaviour you've gone down a road it might be difficult to retreat from easily. There may well even be a procedural requirement to have some kind of formal investigation, which may or may not be the best way to achieve the result the OP wants.

Having a less formal conversation/email or similar as I suggested gives the employer the opportunity to put right their mistake and keep relationships intact. If it doesn't work or if this is the latest in a long line of incidences of discriminatory behaviour the OP has had to put up with, then yes a letter like that is the way to go, as formal action will of course then be warranted.

I would agree with Flowery and say I wouldn't send a letter at this point,I'd go with her suggestion.

As an employment lawyer, if I see a letter like that my first thought is "well are we going to wait for the employee to resign, or are we going to push her?". If you want to stay in your job, please be aware of that. It sounds brutal, but it's very difficult to make loud accusations of discrimination and stay in post. Far better to get the policy calmly but firmly challenged, and then hopefully changed. As Flowery has said, particularly with this sort of issue there may be no malicious intent at all.

Actually I do agree what Flowery and Ribena. Go for the softly, softly approach at first. A "friendly" phone call often sorts things out quickly.

And if you don't get any luck then go with a stiff letter.

Just realised - if it's still the Easter holiday - a quick trip to the Drs won't be too difficult, will it (to get a "well-note" or his opinion about one)?