Light duties when pregnant

sangie595

Beautyrose170 wrote: »

I've been signed off for high blood pressure, spd and other pregnancy related issues. I have been with the company for a year and they are more than happy for me to go on my "maternity leave" when I wish too

I am not entitled to sick pay or maternity pay for any kind (work or government) as I am on employment support allowance (I work 15 hours per week). If I was to get maternity pay of any kind I was told it would affect my benefits as it was classed as an income and not an earning

That puts a very different complexion on things. And I am going say - there are no inverted commas around maternity leave. Every employee is entitled to maternity leave from day one of their employment. Maternity leave and maternity pay are not the same thing.

You can certainly ask for lighter duties, but I think you have little leeway to expect very much - you may be on your feet running around most of your shift - but you only work 15 hours a week. That is less than half time. they are still going to have to find someone to cover your shifts and that work, so where can they find they lighter duties that aren't already being done by someone? If no such work is available, then you stay off sick or you return to normal duties - not even a risk assessment or pregnancy can change that. I assume that you will not be entitled to SSP either.

Medical suspension might have been an option, but I doubt it. The employer is entitled to demand a fit note from your doctor saying that you are fit to work - fit to work normally. They therefore have no requirement to take you back to work at all unless you and / or the doctor say that you are fit for work. There is then no cause for them to assume otherwise and suspend you.

Difficult though it may be, I do think that you have to give some consideration to remaining off sick if you are unfit for work. Your baby and you are more important than any wage. There are obviously other complicating factor in your health or you wouldn't be on ESA in the first place.

TELLIT01

Another question arising is around the current work with ESA. Do ESA know the OP is working 15 hours per week. Many claimants seem to believe that they can work up to 16 hours without informing ESA.
If the OP is planning to return to work, it may be that the GP won't be willing to provide another medical certificate if they also believe the OP is fit to return. In that situation the OP should be entitled to either SMP or MA because she won't be in receipt of other benefits.

Beautyrose170

Esa are fully aware I work 15 hours per week (I have done for four years) they are kept up to date with any information they require at any time

Due to being on esa I'm not entitled to SMP, MA or SSP. This is why I really need to be at work to be able to provide for my child.

Beautyrose170

My gp is happy to provide me with any sick or fit note I require. I just need to ring him and tell him what I would like

TELLIT01

Thanks for the clarification, which makes it clearer why you wouldn't have an entitlement to maternity pay.

Undervalued

Beautyrose170 wrote: »

My gp is happy to provide me with any sick or fit note I require. I just need to ring him and tell him what I would like

Yes, but as has been explained your employer is not obliged to provide "lighter duties" even if your doctor says they are necessary for you to return to work.

You can ask and they may agree. However, the employer is quite entitled to say "sorry, no can do, so stay off sick until you are well enough to do your normal job".

sangie595

Beautyrose170 wrote: »

My gp is happy to provide me with any sick or fit note I require. I just need to ring him and tell him what I would like

That is appalling behaviour, and an excellent exemplar as to why many employers (and the government) no longer trust the medical advice of GP's. The GP should be providing you with the fit note that you need based on a medical diagnosis of your position based on a consultation. Not a quick phone call in which you tell him or her what they need to write in order to get you what you want.

Guest101

sangie595 wrote: »

That is appalling behaviour, and an excellent exemplar as to why many employers (and the government) no longer trust the medical advice of GP's. The GP should be providing you with the fit note that you need based on a medical diagnosis of your position based on a consultation. Not a quick phone call in which you tell him or her what they need to write in order to get you what you want.

I can see both sides - GPs are overworked and stretched in many areas, a 2 minute call is quicker and easier for both parties than a 20 minute consultation.


But yes it does leave it open to abuse.

sangie595

Guest101 wrote: »

I can see both sides - GPs are overworked and stretched in many areas, a 2 minute call is quicker and easier for both parties than a 20 minute consultation.


But yes it does leave it open to abuse.

Yes they are stretched in places. But they are also very well compensated for doing their job. That job does not include writing a fit note that says whatever their patient wants it to say. In acting in this manner they bring their profession into disrepute and leave employers doubting the credulity of people who are genuinely sick.

gettingtheresometime

Sangie - am I right in thinking that if the OP went on the sick then at the point that the OP could theoretically go on maternity leave the company could force her to go on maternity leave (if that makes sense?)


I'm also guessing that there might not be 'light duties (given the nature of the business) for the OP to do?