Maternity leave stressed

I rang in work sick today with pelvic pain, I work as a Teaching Assistant in a special needs school so is hard work at times and I am struggling to even walk , I have midwife appointment today and physio booked in. I have received an email from work stating that the maternity policy is that if have sickness 4 weeks before maternity leave starts it will automatically start maternity leave. I have put 13th November for maternity leave to start due date 19th December. I have just read the policy and it says if off with pregnancy related illness 4 weeks before EWC expected week of childbirth. Any advice appreciated as I really don’t want my leave to start yet.

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Not sure I'm 32 week have 2 week left in work I work for north West ambulance was in hospital 2 days ago contracting I'm meant to be in work in morning I really carnt face it x it's now 230am not had a wink of sleep so uncomfortable think gonna phone in sick xxx

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I don’t personally have any experience or advice in this area BUT as an employer (small business, never had to deal with maternity leave other than my own), I would probably employ the same policy as it sounds like you may not be able to follow out your usual standards of work so close to your due date.
My advice as a mother would be to check about statutory sick pay (and if it is appropriate for your situation) and also to use up any annual leave you may have and remember that annual leave can still be occurred whilst on maternity (so come the new tax year your annual leave will replenish).
All the best x

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Can you not go sick with something non pregnancy related? A touch of flu?

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term time so don’t have annual leave to take unfortunately x

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bless you. It’s really not easy is it. Yes surely you will be best to phone in sick will that trigger your maternity leave to start early ? X

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@Hayley I'm not to sure I'm going at 34.week anyway due to preterm labour with previous pregnancy and I'm taking 12 months off so will still have 10 month with baby xxx

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good point, I wish I had now, the downside to being honest ,will seem obvious now ringing saying a different reason. 😩 xxx

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Thank you, as I thought so of if I was to get signed off with a pregnancy related illness they couldn’t force maternity leave to start could they? When are you due and when are you going on maternity leave? X

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my due date is the 5th December and I am due to go on MAT leave on the 17th November. I don’t think they can force you to start MAT leave early, I think they can speak to you about it but I don’t think they can force us to do anything as it would be seen as discrimination. I’m signed off for abdominal pain due to a cyst on my ovary so mine is fully pregnancy related too. I hope your work don’t try and put pressure on you and if they do I would contact ACAS about it x

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thank you appreciate that, will see what they say tomorrow. X

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Its up to each company but yes this is a thing. They can choose not to enforce it or you can ask them not to but sounds like they've made their up about it.
It has to be pregnancy related though. If you ring in with the flu they can't do it.
It's definitely in my contract and I've been warned about it too from work.

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Are they able to make any adjustments to your current role to allow you to continue to work? Like light duties? My first pregnancy I was off for several weeks with pelvic pain, I came back as I didn’t want to trigger my mat leave but did light duties and a phased return. Maybe see if they can give you some work from home or something? Completely sympathise with you it’s awful pelvic pain, I was on crutches with my first pregnancy x

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Are you a member of a union? They might be able to advise you. That doesn’t sound right at all in my opinion, think that’s really unfair x

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I work in HR, they can legally trigger your maternity leave to start as long as you're illness is pregnancy related and it is 4 weeks before your expected week of confinement. You said your due date is 19.12.23 so your EWC is 17.12.23 (the Sunday before your due date) so anytime from 19.11.23 to 19.12.23. They cannot trigger this for attending antenatal appointments etc. Only if you are off sick with a PREGNANCY RELATED illness. For example if you just said I have the flu, they couldn't trigger your leave for that.

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Also I'm not trying to be rude but sounds like whoever works in that department maybe doesn't have too much experience with maternity employment laws and sounds to me like they've glanced over their own policy/gov and misunderstood. But please don't worry as your maternity leave will not start by you being off today.

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Thank you, I really don’t think they understand the policy and I feel they are completely wrong with what they are saying. I have emailed them in HR asking to discuss this further xx

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Tbh it’s not four weeks before your due date anyways so not sure why they will put you on mat leave now?

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Yeah no they’re trying to pull a fast one. It’s 4 weeks before expected due date which this is not. I would respond and state that you’re not accepting that as it’s 8 weeks before you’re expecting to give birth and that’s not the policy

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I think they have misread it, mine is if your sick 4 weeks before your estimated due date x

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Change your mat leave day to 4 weeks after the original, means you get to go on your day regardless by that logic and you can have time off before hand without it triggering xx

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It's from 36 weeks..so if your sick once your 36 weeks it automatically goes to mat leave its the same everywhere x

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yes so not 8 weeks before, surely up until the 4 weeks will be normal sickness policy.

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yeah..iv been off sick for 4 weeks and have another 4 to go and uts down as pregnancy related but still normal sickness policy.. thats until 9th Nov then from 10th Nov it goes to mat leave as I'm 36 weeks on 10th nov x

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Mat leave will automatically be triggered at 36 weeks if you are off sick. I'm off at the no for pregnancy related issues. Not sure if I'm going to go back yet..
But I planned to start maternity at week 37, one week earlier isnt going to matter too much.

I also work in a school and it is tough. The behaviour means I am having to raise my voice constantly and I cannot sit for long periods because I have to attend to the children when they need help! But we shall see. Half term is nearly here!!!

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this is the conversation I’m having with HR at the moment seems none of them know the policy. I have contacted Unison now as I’m so stressed, I have not been off all pregnancy and now to be off 1 day in pain for them to be like this i feel like I won’t go back now, get signed off and hopefully if I’m correct my maternity leave will start 4 weeks before my due date. it doesn’t pay being honest or trying to do my best to be a good employer being in work.

I completely get the not sitting for long supporting the children, in my workplace also has risk of physical behaviour I think I will now stay off this week, half term next week then will see. Have you been signed off and your employer/school hasn’t said your maternity leave will start earlier that at 36 weeks?

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if they're being funny with you, advise them you've spoken to acas and an employment law consultant. Is this the hr manager/advisor you're talking to?

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Yes they can force you to start if it’s the same as teachers. Off on sick and already told them my maternity will start 4 weeks before, after speaking to my union. Luckily mine is c-section so it’ll be earlier anyway.

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I would play them at their own game though, if it’s gonna be only a day or so then just say it’s down to something unrelated to pregnancy. My doctor asked what I wanted to say on my sick note, so GPs know the score.

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my Dr did the same for my sick note. Mine just says abdominal pain although my work know it is pregnancy related and have been very good.

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yes, I'm signed off until week 33 as it stands now. Nothing has been said about my maternity being triggered, I have been emailing my head teacher and she has been very supportive.

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