MSE Pregnancy Club 21

galvanizersbaby

mrsspendalot wrote: »

Afternoon ladies

Had a phone call from my boss today re sickness (have another 4 week sick note from GP due to SPD) and she is not expecting me to be going back to work prior to maternity leave. I tried to remain optimistic on the phone, but she seems to have written me off LOL

I'm a bit confused though about where I stand regards sick leave/annual leave/maternity leave.

Current plan:

3 weeks annual leave to take from 35 weeks pregnant, followed by maternity leave at 38 weeks.

BUT my boss has just said that if I am off work sick, I have to start my maternity leave at 36 weeks, and would have to take my annual leave prior to that. I argued that if I was on annual leave, I wouldn't be signed off sick though, so wouldn't be able to be pushed onto matty leave at 36 weeks. She is going to check with HR and phone me back, but she's being a bit funny about me being off so long anyway and doesn't really like me that much!

I asked the question on the employment board and have only had one response, which basically said that I couldn't go from sick to annual to maternity leave without returning to work in between sick and annual leave. Does anyone know if this is true? If so, what happens to all my holidays as I won't be able to take them, as my annual leave year finishes in August?

I believe if you have a pregnancy related illness (which SPD is?) on or after the beginning of the 4th week before your Expected week of confinement then your maternity leave starts on the first day of that 4th week (in your case) or on the day which you were taken ill whichever occurs sooner.

Re your hols - your employer should pay you for any remaining or agree to carry over or add on the end of your maternity leave.

dustystar02

Hello Mrs

Not sure if this helps but this is what our policy says (I work for the NHS)

So it looks like you may have to go straight from sick onto mat leave at 36 weeks. Can you carry any annual leave over to the next annual leave year?

3 Annual leave
Annual leave will continue to accrue during maternity / adoption leave, whether paid or unpaid, provided for by this agreement.
Where the amount of accrued annual leave would exceed normal carry over provisions, it may be mutually beneficial to both the employer and employee for the employee to take annual leave before and/or after the formal (paid and unpaid) maternity / adoption leave period. The amount of annual leave to be taken in this way, or carried over, should be discussed and agreed between the employee and the employer.

Arrangements must be made by the employee with their line manager about taking the annual leave that will accrue during the maternity leave. This can be taken before and after the formal maternity leave period in agreement with the manager.
This information must be entered on the application form.
Please note that public / bank holidays are not eligible for accrual during any period of maternity / paternity or adoption leave.

6 Sickness prior to childbirth
If an employee is off work ill, or becomes ill, with a pregnancy related illness during the last four weeks before the expected week of childbirth, maternity leave will normally commence at the beginning of the fourth week before the expected week of
childbirth or the beginning of the next week after the employee last worked, whichever is later. Absence prior to the last four weeks before the expected week of childbirth, supported by a medical statement of incapacity for work, or a self certificate, shall be treated as sick leave in accordance with normal sick leave
provisions.

Odd days of pregnancy related illness during this period may be disregarded if the employee wishes to continue working until the maternity leave start date previously notified to the employer. It may be appropriate to seek advice from the Occupational
Health Department.

mrsspendalot

I hope i can carry it over/be paid as I'm reluctant to lose it!

galvanizersbaby

mrsspendalot wrote: »

I hope i can carry it over/be paid as I'm reluctant to lose it!

I don't think you can loose it - do you work for a relatively large company?

They may let you tack on on the end of your maternity leave rather than the beginning as you had planned as you have to start your maternity earlier?

Can you get a copy of the maternity leave policy?

Apricot

galvanizersbaby wrote: »

I don't think you can loose it - do you work for a relatively large company?

You can't lose it - they either need to let you carry it over to the following holiday year or pay you for it if you are not able to take it.

gratefulforhelp_2

mrsspendalot wrote: »

Afternoon ladies

Had a phone call from my boss today re sickness (have another 4 week sick note from GP due to SPD) and she is not expecting me to be going back to work prior to maternity leave. I tried to remain optimistic on the phone, but she seems to have written me off LOL

I'm a bit confused though about where I stand regards sick leave/annual leave/maternity leave.

Current plan:

3 weeks annual leave to take from 35 weeks pregnant, followed by maternity leave at 38 weeks.

BUT my boss has just said that if I am off work sick, I have to start my maternity leave at 36 weeks, and would have to take my annual leave prior to that. I argued that if I was on annual leave, I wouldn't be signed off sick though, so wouldn't be able to be pushed onto matty leave at 36 weeks. She is going to check with HR and phone me back, but she's being a bit funny about me being off so long anyway and doesn't really like me that much!

I asked the question on the employment board and have only had one response, which basically said that I couldn't go from sick to annual to maternity leave without returning to work in between sick and annual leave. Does anyone know if this is true? If so, what happens to all my holidays as I won't be able to take them, as my annual leave year finishes in August?

I think you will find she is correct in that they can start your maternity leave at 36 weeks if you have a preg related illness.

She is probably misinterpreting the rules to say you have to take your leave while you are sick.

You prob need to check their policy/your contract/with anti personnel.

It is reasonable to tack the leave onto the end of mat leave.

Fingers crossed, my employers when I was last on mat leave, tried to misinterpret the rules and say if I was off sick while I was pregnant they could start my mat leave whenever they liked. I explained it to them carefully, but they really were clueless and had no excuse.

mrsspendalot

I work at an educational establishment (FE) - so I'm classed as partly public sector and partly private sector due to the way we are funded (my pension is local government). I'm also a Unison member so i guess I could ask them for advice?

I've got the maternity policy and the sickness policy - will double check them now. I just had it my mind that I would be able to do sick then annual then maternity leave - but it's sounding like it is sick then straight to maternity! It's ok if I can carry it over as it would be more time with baby afterwards

gratefulforhelp_2

Teenie_D wrote: »

Grateful love your birth plan LOl :rotfl:

Thanks, Teenie!!

mrsspendalot

gratefulforhelp wrote: »

I think you will find she is correct in that they can start your maternity leave at 36 weeks if you have a preg related illness.

I knew I could be put on maternity at 36 weeks if I was off sick, but thought if I was able to take annual leave from 34/35 weeks it would get around that - but someone has suggested on the other board that I can't go from sick leave straight to annual leave then straight to maternity leave without returning to work between sick and annual - and that is what has thrown me into confusion

gratefulforhelp_2

mrsspendalot you can certainly go straight on to sick leave at the end of the maternity leave, and then they have to treat you as sick.

I would def ring unison, or look on their website.