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Maternity Rights. Apparently theres none!
6 Answers
Recently found out my partner was pregnant,
On advice from her midwife she was told to cut back on her 45hour week and go part time. Her company refused stating other women within the company cope and so should she.
She's been in contact with the HR department and been told she isnt entitled to ANY maternity rights as in Paid leave etc, the only money she will receive would be from the goverment once the baby has been born but only for a short period of time. The company would keep her position open for her but she wont be paid a penny from the company meaning she'll have to rush back to work.
I find this very hard to beleive in this day and age and feel that her employers are trying to get away with whatever they can.
Can someone please advise the Law regarding maternity leave, pay and right of an expectant mother needing to cut her contracted hours down to a maeagble amount. Im affraid for my babies helth with her getting so stressed out about work, being on her feet all day and half 6 starts coupled with morning sickness.
Much appreciated.
On advice from her midwife she was told to cut back on her 45hour week and go part time. Her company refused stating other women within the company cope and so should she.
She's been in contact with the HR department and been told she isnt entitled to ANY maternity rights as in Paid leave etc, the only money she will receive would be from the goverment once the baby has been born but only for a short period of time. The company would keep her position open for her but she wont be paid a penny from the company meaning she'll have to rush back to work.
I find this very hard to beleive in this day and age and feel that her employers are trying to get away with whatever they can.
Can someone please advise the Law regarding maternity leave, pay and right of an expectant mother needing to cut her contracted hours down to a maeagble amount. Im affraid for my babies helth with her getting so stressed out about work, being on her feet all day and half 6 starts coupled with morning sickness.
Much appreciated.
Answers
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OK, the link above tells you what you need to know.
Read the bit on Risk Assessment. That part is about ensuring there is minimal chance of damaging the unborn child because of the type of work done. Whether that can be used as a reason to reduce the hours, I'm not so certain - it is more about reducing certain tasks that could be hazardous. It rather depends on the work that your partner does.
Your partner can challenge it and take it through the grievance process. Obviously contact the Union if she is in one. If the grievance process fails, one option could be to discuss it with ACAS. She doesn't have a right to reduced hours - but the company has to operate in a non-discriminatory way and with H&S in mind. And show that it's decision-making process is reasonable. If she does challenge they may just decide to cave in.
As for the rest of your observations, I'm afraid the company is operating in line with the minimum requirements of the law regarding timing of re-employment and pay when off. She is entitled to apid time off for anti-natal care.
Many employers do more than that, but there is no obligation.
Read the bit on Risk Assessment. That part is about ensuring there is minimal chance of damaging the unborn child because of the type of work done. Whether that can be used as a reason to reduce the hours, I'm not so certain - it is more about reducing certain tasks that could be hazardous. It rather depends on the work that your partner does.
Your partner can challenge it and take it through the grievance process. Obviously contact the Union if she is in one. If the grievance process fails, one option could be to discuss it with ACAS. She doesn't have a right to reduced hours - but the company has to operate in a non-discriminatory way and with H&S in mind. And show that it's decision-making process is reasonable. If she does challenge they may just decide to cave in.
As for the rest of your observations, I'm afraid the company is operating in line with the minimum requirements of the law regarding timing of re-employment and pay when off. She is entitled to apid time off for anti-natal care.
Many employers do more than that, but there is no obligation.
If you think about it logically, she's not ill,she's pregnant and has willingly chosen to have a baby. This should not affect her work other than the maternity leave and you are legally allowed to have days off for scans etc. She has a contract and therefore is bound to honour that; the contract will have contained details about any maternity related issues, so by signing the contract you were agreeing to them.
However, I do understand your concerns and obviously if work is adversely affecting her then you have to act.
I'd read all the info above and see if you can strike a compromise.
Hope it all goes well.
However, I do understand your concerns and obviously if work is adversely affecting her then you have to act.
I'd read all the info above and see if you can strike a compromise.
Hope it all goes well.
as someone who is currently 7 months pregnant, I am quite up on maternity 'rights' at the moment. I think I'm in the minority in that my company pays maternity benefits over-and-above the statutory (SMP) amount of £123.06 for 18 weeks, however most employers don't and SMP is the only thinkg most women are entitled to.
the directgov web link posted by Pigletion tells you pretty much everything you/your partner needs to know. She is fully entitled to ask for a workplace risk assessment (and her company must hire someone in to do this if there isn't an assessor within the company) which can identify if any of her current taks are likely to harm the pregnancy.
the directgov web link posted by Pigletion tells you pretty much everything you/your partner needs to know. She is fully entitled to ask for a workplace risk assessment (and her company must hire someone in to do this if there isn't an assessor within the company) which can identify if any of her current taks are likely to harm the pregnancy.
pingping
18 weeks? If you meet the requirements its 90% of your average weekly earnings then for 33 weeks its the amount you quote - you need to read the link to make sure you really do know your rights
Also, if the company you work for are paying over and above the SMP, you will most likely have to repay that back if you do not return to work, usually for a set amount of time
18 weeks? If you meet the requirements its 90% of your average weekly earnings then for 33 weeks its the amount you quote - you need to read the link to make sure you really do know your rights
Also, if the company you work for are paying over and above the SMP, you will most likely have to repay that back if you do not return to work, usually for a set amount of time
ojread2 - having re-read what I typed, it is ambiguous. what I meant was my company pay 18 weeks full pay, then SMP for a further 21 weeks, then I would take unpaid leave for an additional 13 weeks (if I chose to take the full 52 weeks allowance. and yes, I would be expected to pay it back if I didn't return to work, but then I will be returning to work (can't afford not to!)
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