Compulsory maternity leave

airhostess

I'v read here:

http://www.direct.gov.uk/en/Parents/Moneyandworkentitlements/WorkAndFamilies/Pregnancyandmaternityrights/DG_10039631

that the Government has made it compulsory to take two weeks leave from work after giving birth (four weeks if you work in factory.)

As someone who isn't entitled to statutory maternity pay, maternity allowance or any other benefit, and I have no holiday left to take, who pays for this compulsory leave exactly?

Thanks very much in advance!

lilmisschick

Why aren't you entitled to any of them?

Maybe sick pay for 2 weeks?

You're surely not thinking of giving birth and going straight back to work and if you are, then 1. I can't understand why you're not entitled to MA/SMP as you sound like someone who is used to working continously and 2. For the sake of your health (blood loss etc..) you would not throw yourself back into employment?

jen_br

If you end up having an emerg C-section, you will HAVE to take 6 weeks off.. your not allowed to drve etc most insurance companies have this written in their policy it happend to me ;(

why arent you entitled.

olly300

Firstly you should answer people's questions of why you are not entitled to statutory maternity pay as you may actually be entitled to it.

Secondly if you are not entitled to satutory maternity pay there is there is something called maternity allowance, which you may be entitled to. You need to contact the Job Centre about this on the telephone for a claim form.

In both cases statutory maternity pay and maternity allowance the money comes from the government. In the first case the money is reimbursed to the employer, in the second case the benefits agency pay you directly.

airhostess

Thanks so much for your replies. I have applied for SMP and turned down because I have not worked for the employer for long enough. They gave me the form to apply for Maternity Allowance, which I applied for, and was again turned down as I haven't been employed for 26 weeks during the 66 week test period (66 weeks before the 13th week before baby is due or something like that.) I've never claimed any type of benefit ever so not sure how any of this works, but filled out all the forms accurately.

The letter I received rejecting my claim for maternity allowance said I may be entitled to Employment and Support allowance. I rang the number they gave on the letter for this and was told that I couldn't get this either as I was neither sick nor disabled.

So I was just wondering -if the Govt makes it a criminal offence for an employer to have someone work for them within two weeks of giving birth, how does that person get by losing two weeks of salary?? If the Govt makes that the law, then shouldn't they refund women for the salary they are losing out? I thought with equal rights etc etc these days women couldn't be penalised by making it illegal to employ them because they have given birth.

Don't get me wrong, I know the Govt has mum & baby's best interests at heart with this law, but as usual it hasn't thought it through properly. What about factory workers who are not entitled to anything, how are they meant to buy food, pay their gas, elec, water and rent with no salary at all for a whole month, especially if they are the breadwinner in their family??

If anyone is wondering I'm the main breadwinner and will go back to work after the birth and my husband will look after the baby. Just don't see why I should out on lose two weeks wages just because I have had a baby, especially at a time where money is tight due to all the associated costs of having a new baby!

Direct.gov gives no info on this whatsoever and if can't find anyone official to ask!! It's really frustrating.

dookar

It seems you may have been misinformed.

Whilst the main criteria for ESA is 'sick or disabled' another is pregnant and not entitled to MA. The unsuccessfuly claim to MA could/should have been treated as a claim to ESA.

airhostess

Thank you for that. I will call the ESA number again and hopefully will be put onto someone who has a clue!

DaisyFlower

airhostess wrote: »

Thanks so much for your replies. I have applied for SMP and turned down because I have not worked for the employer for long enough. They gave me the form to apply for Maternity Allowance, which I applied for, and was again turned down as I haven't been employed for 26 weeks during the 66 week test period (66 weeks before the 13th week before baby is due or something like that.) I've never claimed any type of benefit ever so not sure how any of this works, but filled out all the forms accurately.

The letter I received rejecting my claim for maternity allowance said I may be entitled to Employment and Support allowance. I rang the number they gave on the letter for this and was told that I couldn't get this either as I was neither sick nor disabled.

So I was just wondering -if the Govt makes it a criminal offence for an employer to have someone work for them within two weeks of giving birth, how does that person get by losing two weeks of salary?? If the Govt makes that the law, then shouldn't they refund women for the salary they are losing out? I thought with equal rights etc etc these days women couldn't be penalised by making it illegal to employ them because they have given birth.

Don't get me wrong, I know the Govt has mum & baby's best interests at heart with this law, but as usual it hasn't thought it through properly. What about factory workers who are not entitled to anything, how are they meant to buy food, pay their gas, elec, water and rent with no salary at all for a whole month, especially if they are the breadwinner in their family??

If anyone is wondering I'm the main breadwinner and will go back to work after the birth and my husband will look after the baby. Just don't see why I should out on lose two weeks wages just because I have had a baby, especially at a time where money is tight due to all the associated costs of having a new baby!

Direct.gov gives no info on this whatsoever and if can't find anyone official to ask!! It's really frustrating.

Factory workers still get holidays and can claim SMP/MA the same as all other types of jobs.

I would say the majority of women can claim SMP/MA, the only ones that cant are those who work just for a few months whilst already pregnant. However they will know that when taking the job so can budget for any time off.

If you have no holidays to use then thats not the governments or your employers fault. If you were already pregnant when you took the job then you should have known from the start re maternity pay and could have budgeted accordingly or saved your yearly annual leave to cover at least some time off.

karenx

It would be very dangereous to go back to work straight after giving birth. What if there was complications? Your baby also cant bond with you.
Can your partner not get a job and you stay at home?

clairec79

If you don't qualify for SMP/MA then you can get incapacity or income support or whatever it's called now. You may not qualify yet but you will from a certain point in your pregnancy I think it's 6 weeks before your due date

This government hasn't made it compulsory to take maternity leave - that's been there for decades

airhostess

This government hasn't made it compulsory to take maternity leave - that's been there for decades

Yes, this law was passed in 1994:

http://www.opsi.gov.uk/SI/si1994/Uksi_19942479_en_1.htm

I think the incapacity benefit is now this Employment & Support Allowance which seems very complicated and none of the benefits advisers on the phone seem to know who is entitled to it exactly.

Factory workers still get holidays and can claim SMP/MA the same as all other types of jobs.

I was specifically referring to those factory workers who are in the same situation as me - unable to claim either SMP or MA, as they are forbidden to work for one month after giving birth.

If you have no holidays to use then thats not the governments or your employers fault. If you were already pregnant when you took the job then you should have known from the start re maternity pay and could have budgeted accordingly or saved your yearly annual leave to cover at least some time off.

I have only been employed for 3 months and as such am entitled to 4 days holiday, which obviously I will put towards the 2 weeks I can't work. I lost my previous job due to becoming pregnant - due to the type of contract I had this is entirely legal. I was lucky enough to find a great paying job after a bit of a hunt for the remainder of my pregnancy - no mean feat when you waddle into the interview room looking obviously pregnant!

Unfortunately I have been turned down for flexible working and as we couldn't survive on my husband's salary alone, I need to go back to work and leave him at home with the baby. Not ideal for either of us but we don't have much choice!

I'm not blaming anyone for the fact that I am pregnant - though it wasn't planned we're delighted and very much looking forward to our little new arrival - but I do feel that if the government bans women from working then need to offer financial support for the period in which they are not allowed to work.

Will keep calling ESA until I get put through to someone who understands how it all works...