My sister is pregnant and baby due 07/01/07. She initially gave her boss a leaving date of 01/12/06 but has since been told she has pelvic dysfunction and it is causing her a lot of pain. She has been off work for the last two weeks and has requested that her maternity leave date be brought forward to wk comm 20/11/06 (two weeks earlier). He says this cant be done as he has not been given 28 days notice, but she is in pain and will probably end up on the sick anyway so why not grant it?
Any thoughts or answers would be appreciated.
2006-10-30 00:03:35 · 17 answers · asked by Anonymous in Pregnancy & Parenting ➔ Pregnancy
28 days notice to change the start date of Maternity leave is standard policy for most employers...nothing you can do about this BUT as long as she gets paid for her sick leave she is better off taking as much time as sick leave as possible. Starting Maternity leave early will will bring forward the time when she has to go back to work and therefore she will have to leave the baby much earlier and rush back to work.
If this is a money issue (e.g. she doesn't get paid for sick leave) I recommend moving to a more generous employer before she has another baby. They are tight arses.
2006-10-30 00:28:03 · answer #1 · answered by lee 1 · 0⤊ 0⤋
You need to contact the Department of Labor to find out how the law is applied in your particular state. I know where I'm from, a woman is entitled BY LAW to 8 weeks maternity leave with FULL pay: 4 of these pre-labor, and the other 4 post-partum. However, with a letter from your doctor certifying that you are able to work until close to your due date, you can cut down your pre-labor leave to 1 week, and then use the other 7 weeks for after the baby is born. If you want additional time with your baby after your paid maternity leave is up, you can ask for an extended leave, which is 12 additional weeks (after the 8 weeks maternity leave) with no pay, but during which time the company you work for must hold your job for you. Like I said, check with your Labor Department to learn your rights before going to Human Resources at your company. That way you'll know if they're playing by the rules!
2016-05-22 07:11:16 · answer #2 · answered by Mary 4 · 0⤊ 0⤋
The boss is a prick. If the only thing stopping him doing it is a policy, then change the policy... or vary it this one time. Why does he need 28 days notice? Because someone decided this was a reasonable timeframe under normal circumstances... Well the circumstances have changed and normal has gone out the window.
We lost a baby at 19 weeks. The formal policy for our workplace was that the baby had to be 20 weeks for us to recv any greif leave. We simply said that we weren't coming to work and if they wanted to dock our pay, then so be it. They didn't dock our pay and gave us the extra time needed.
Can your sister take sick leave instead? That might be an option if the boss wants to be a total prick about it.
In short.... negotiate with the boss. If he won't grant the leave, tak eit anyway. The job is not worth risking the baby or the mother.
2006-10-30 00:12:31 · answer #3 · answered by CPT Kremin 2 · 0⤊ 0⤋
I am a physiotherapist with the same problem - although my pelvic problems began before i realised i was pregnant - so pretty much from the start. As you can guess I have a very physically demanding job so i have been off - and in agony - for 3 months on sick-leave, baby is due on 27 th Jan and and i have used up all my paid sick-leave, I got my boss to carry out a risk assessment and I am now back at work doing 'light duties' until 18th Dec. By law, if there is nothing an emplyer can do to provide these 'lighter duties' then he MUST suspend your sis on FULL PAY until her mat leave starts. However, if you are off work because of a pregnancy-related problem I think they can force you to commence mat leave a month before your expected delivery date. Good luck x x
2006-10-30 04:38:38 · answer #4 · answered by Anonymous · 0⤊ 0⤋
She is better taking the sick money then the maternity. He has the right to start her maternity early if she is off sick so she is lucky he isn't doing that and she can save it for later. From his point of view he would be better starting her maternity, not paying any sick and also getting her to return to work earlier as the maternity will run out.
2006-10-30 18:49:55 · answer #5 · answered by louise 1 · 0⤊ 0⤋
I do believe the boss is right (boo!). BUT, Tell her to go to doctors & get signed off. If it is a maternity related issue, your payroll dept should take it as Maternity leave started.
Tell your sister to look in the back of the "Pregnancy" book that the midwife gave her (a purple magazine thing). It has all the legal stuff in there. I have found it useful.
2006-10-30 01:27:26 · answer #6 · answered by missluly 3 · 0⤊ 0⤋
he doesn't have to grant maternity leave but if she is sick she is sick so she should do just that take in a doctors notice and be sick until the start of her leave... he can't by law fire her for being sick of being pregnant...the company policy should point out what she is entitled to on sick leave and for how long.. usually it is full pay for 3 months before the pay gets cut down... depends on there policy and how long she has been with the company good luck for her and the baby ..
2006-10-30 00:09:26 · answer #7 · answered by mum 2 Cameron and Ewan 5 · 0⤊ 0⤋
she should give 28 days as requested but she could try getting a letter from her midwife/doctor stating that her maternity leave should start immidiatly. I dont know if it will help.
Her maternity pay will be effected as she has had sick pay and the pay is calculated on the last 8wks of pay.
she could try asking for holiday leave is she has any entitlment left, dont know if the company will go for it. but proberly worth a try.
Good Luck for your friend!!! Hope everything goes well...
2006-10-30 00:25:08 · answer #8 · answered by jojo 3 · 0⤊ 0⤋
From what I understand, FMLA (which covers most maternity leave situations) doesn't start until after the baby is born. However, she may be eligible for sick pay or disability pay if she is in too much pain to work in the meantime.
2006-10-30 00:07:31 · answer #9 · answered by sanveann 3 · 0⤊ 1⤋
Can't she hack it on Statutory sick pay for two weeks? I was off work for most of my pregnancy and received SSP for it - I didn't officially leave until about a month before I was due to give birth.
2006-10-30 00:07:07 · answer #10 · answered by Anonymous · 0⤊ 0⤋