Being told to take Maternity Leave early?

retepetsir

Morning

My partner is currently 20 weeks pregnant and works for the NHS. She has been told by her manager that if she goes off as long-term sick (she's having a difficult pregnancy due to complications from diabetes) then HR will make her go on early maternity leave at 29 weeks. She'd be on sick pay up until this point.

I cannot find anything in her contract which mentions 29 weeks, but have read quite a lot of government information saying they can only make you go on leave from 36 weeks before due date.

Basically, I don't want them to completely screw us over with pay and what she would be entitled to!

She's had a difficult pregnancy so far and was originally planning on taking maternity leave from around 34 weeks, so 5 weeks earlier is quite a difference.

Any advice would be appreciated as I've previously heard mixed things about the '29 weeks'.

Takeaway_Addict

Deleted as I don't know

retepetsir

They have basically told her that she must take ML at 29 weeks. She has around 3 weeks annual leave which she could add on to this, but that still only makes it 32 weeks.

Mimi_Arc_en_ciel

The answer is no, They can not make her take the leave that early.

Legally they can only make her start her mat leave 4 weeks before her due date if she has been off work with pregnancy related illness. (Web linky here for you https://www.gov.uk/maternity-pay-leave/leave)

When is her due date?

retepetsir

Due date is end of October

zzzLazyDaisy

If your OH goes off sick for a pregnancy related reason she is entitled to be treated in exactly the same way as any other employee who is off sick. The only difference is that any pregnancy related illness should be recorded separately from sick leave for a reason not related to the pregnancy and should not be used to invoke the disciplinary or absence management procedures.

If she is off sick for a pregnancy related reason at any time during the four weeks before the expected week of childbirth, then the maternity leave will start on the day after the first day of absence unless the employer agrees otherwise.

I suggest that she asks HR for the company's policy on pregnancy related sick leave, rather than listening to the manager who may be simply mistaken.

retepetsir

Thank you

She was told that it was HR who would 'make her take it' so I'll try and speak to them this week!

Takeaway_Addict

retepetsir wrote: »

Thank you

She was told that it was HR who would 'make her take it' so I'll try and speak to them this week!

Why would you speak to them when its your wife that works for them?

retepetsir

Takeaway_Addict wrote: »

Why would you speak to them when its your wife that works for them?

Probably better to say 'we', their HR are a nightmare at the best of times so it'll be useful if we are both aware of what is said and claimed.