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Maternity Leave Date Issues, etc

4 replies

BlueberryPancake · 23/11/2006 08:32

Hi, I've never posted on this thread before because, well, I was managing OK but now I really need advice.
I work as a Recruitment Manager for a small company, and I've had a baby last year. He has been quite ill - nothing serious - but I've had to take some time off to look after him. I was told I had to take days off my annual leave I work three days a week and have loads of holidays accumulated, so it didn't really matter to me as long as could be with my son.But now, the company is making a real fuss if I have to take a day off holiday. What's my defence? How can I argue with them? Are there any rules/laws on my side for this?

Also, I am pregnant again and have told them that I wanted to take my maternity leave starting early February. I was told by my boss that I wouldn't be able to take maternity leave before I find a replacement for myself, and that there will have to be a one month handover period. I assume this is illegal, but can't find the relevant info to 'defend' my point either. Anyone could give me info/point me in the right direction?
Many thanks!! BP

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xmasstocking · 23/11/2006 08:37

Blueberry - you could try the ACAS website they usually have some good information. This is a link which may get you started maternity & work

Not completely sure of the legality issues butI am fairly certain that your maternity leave can start anytime from 29 weeks and as long as you give sufficient notice (1 month?) your company cannot refuse.

HTH

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incy · 23/11/2006 08:43

You are allowed time off for dependants by law but it can be unpaid (hence why most people take AL).time off for dependants

You are entitled to take maternity leave ant time from 11 weeks before your due date. You just have to let them know 15 weeks before your due date - in other words at least 4 weeks noticematernity leave

If your employer is not prepared it is not your priblem. Obviously your actions (ie how helpful you are)will depend largely on if you intend to return to work after your baby.

Good luck

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BlueberryPancake · 23/11/2006 10:13

Thanks Mumsnetters. I have called ACAS and they provided me with the advice I needed - you are both correct. I have to give notice of when I want to start Maternity leave 15 weeks before due date and can take leave from 11 weeks before DD. The employer cannot stop me from doing that.

Also, they cannot discriminate against me for wanting to take holidays - everyone else in the company can pretty much take holidays when they want, and if they stop me from taking time off when I want it is discrimination. The ACAS advisor even told me that I would very probably have a case to write a grievence letter to my employer, and that if I take proper notes and could take them to court for discrimimation - there are a lot more issues than those stated in my initial email... including quite offensive comments.

I don't intend to do anything but I know now that if things escalate I have the law on my side. I really don't see how I could work with them after maternity leave if they threaten and bully me - and I'm not the kind of person who constantly complain or is sensitive to those things... Thanks for your help! BP

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incy · 23/11/2006 11:23

BP, if you are leaving anyway I woud be polite and firm. You are entitled by law to take a reasonable amount of time off for a sick child and entitled to take maternity leave within the guidelines - if this causes a problem for your employer then not your fault.

If they are being horrible I would not go back as things are unlikely to improve ftom my experience (I am in a similar positin so I fully sympathise.) Don't let it affect this special time.

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