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Signed off pre maternity leave

Discussion in 'Workplace dilemmas' started by frog2345, Sep 26, 2018.

  1. frog2345

    frog2345 New commenter

    I’ve been signed off work pre maternity leave but I just wanted to seek some advice as to whether my employer can write to my doctor or midwife to ask for confirmation of what I’ve told them?? My work don’t seem to believe my reasons and my sick note just states “other pregnancy related illness” are they allowed to ask for this information from professionals? Or can they ask me to provide doctors notes to confirm anything specific or will my sick note be enough?
    Thanks for your help
  2. install

    install Star commenter

    See Union :cool:
    agathamorse likes this.
  3. peapicker

    peapicker Star commenter

    Your employer can write, but your doctor cannot release medical information about you without your express permission in writing. Medical information is classified as 'sensitive personal information' and may not be disclosed without your permission.

    Your employer has your medical certificates with your GPs statement of the reason for your absence. That is quite sufficient.
    agathamorse likes this.
  4. atwoodfan

    atwoodfan New commenter

    I agree, it is personal information and your school doesn't need any more information than is in the original sick note(s). Hope the rest of your pregnancy goes well.
    agathamorse and v_merrick90 like this.
  5. parseltongue

    parseltongue New commenter

    I believe (but please double check with union) that if the sick note says your illness is pregnancy related then the school can decide to start your maternity leave early instead of paying you sick pay.
  6. peapicker

    peapicker Star commenter

    No, they can't just do that. The employer starts maternity leave from 4 weeks before the due date, if the employee is on sick leave, but cannot do so before that date.
    agathamorse and frog2345 like this.
  7. frog2345

    frog2345 New commenter

    I have requested my schools maternity leave policy as I seem to have misplaced my previous copy. I will give it a good read as I know I saw in there about being signed off and mat leave starting early. I think my schools policy is it’ll start from 34 weeks if I am signed off but not 100%.

    Also I am signed off until 19/10 but my mat leave isn’t due to start until 28/10 due to half term. Would this affect their ability to put me on mat leave early? As technically I am returning to work for a week according to my sick note? Even though it’s half term so I won’t be there. Hope that makes sense.
  8. peapicker

    peapicker Star commenter

    If that it what the policy says, it is unlawful. The statutory provision is 4weeks before. The school's policy can't override the law. It won't matter that your medical certificate ends 19\10. You are then deemed fit for work and it is immaterial that this coincides with half term.
    agathamorse likes this.
  9. frog2345

    frog2345 New commenter

    Oh ok thanks for that. I shall definitely check the policy thoroughly...once they send it to me
    agathamorse likes this.
  10. frog2345

    frog2345 New commenter

    There is nothing in the policy about being signed off sick prior to maternity leave....!
  11. Piranha

    Piranha Star commenter

    Are you employed under the Burgundy Book? If so, this is the relevant bit. where the teacher is absent from work “wholly or partly because of pregnancy or childbirth” after the beginning of the 6th week before the EWC. In these circumstances, maternity leave will be automatically triggered. This does appear to be at odds with what @peapicker says in post #6 and #8. Does that make the Burgundy Book illegal, or am I misreading something?
  12. dunnocks

    dunnocks Star commenter

    I had to go in during half term to "set" the date of my maternity leave, otherwise it would have been counted as the last day I was in school.

    Talk to your HR, and union
    agathamorse likes this.
  13. Piranha

    Piranha Star commenter

    That sounds wrong to me. If you are off sick after the beginning of the 6th week before the EWC (at least according to the Burgundy Book) then they can start your maternity leave then. If not, then I don't think they can insist on you going in to school during half term. Your note should be clear about whether you are fit or not at the start of half term. Anyway, being fit enough to go into school at half term does not show that you are fit to teach.

    If sickness does not come into it, then you set the date within the terms of the Burgundy Book or whatever else an employer uses.
  14. dunnocks

    dunnocks Star commenter

    it wasn't a problem, I just had cup of tea with some of my department and did a couple of minutes washing up, the HR advised this so that the start of my maternity leave wouldn't be backdated.

    I don't really understand the ins and outs of it, but it all worked out fine

    It was sometime ago though
    agathamorse likes this.
  15. peapicker

    peapicker Star commenter

    It's definitely 4 weeks. https://www.maternityaction.org.uk/...during-pregnancy-and-maternity-leave-2017.pdf

    I don't think the Burgundy Book has been updated for centuries! :)
    agathamorse likes this.
  16. frog2345

    frog2345 New commenter

    I have found my letter from my employer stating the terms of my maternity pay and it is 4 weeks. So my mat pay and leave won’t be affected by being signed off :)
    agathamorse likes this.
  17. Piranha

    Piranha Star commenter

    Oh dear. I wonder if all schools are aware of this. It is about time that the Burgundy Book was updated if it conflicts with the law! There are a few other points it could be improved on.
    agathamorse likes this.

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