Pregnant and not well

[lihi]

Hi

 

I'm nearly 22 weeks pregnant with my second child.

 

I was about 7 weeks pregnant when I started work with my employer, I found out about the pregnancy in the same week I started. My interpretation of the law is I am not entitled to SMP through my employer and I will have to apply for MA from the job centre. I will have to wait until my employer has confirmed I'm not entitled to SMP in writing before I can claim MA, does my employer need my MATB1 to do this?

 

Also (and my main point for writing today). The company I work for are very target driven, because there are few within our office who can do what I do I have been dumped with the most god awful client. She seems intent on humiliating me in front of her colleagues, it feels like for fun and completely unjustified. My company know about this and I've highlighted my concerns in writing but they don't care, it's a customer and their view is I should just lump it and get the job down quicker to get out of there. I'm extremely sensitive at the moment (for obvious reasons) and this horrid client is really upsetting me and has made me ill. My Managers acknowledge and agree her treatment is unfair but they're leaving me to get on with it as all they want is to meet their targets by the end of the contract year.

 

I thought I had swine flu and went to the doctors today, apparently I have stress and have run myself down to the ground. My doctor today wanted to sign me off for 2 weeks, I refused as I'm on probation and can't afford to take this time unpaid leave but he asked me to reconsider and call him next week if I change my mind. I'm noted as being at high risk of having pre-eclampsia. Can I request if I tidy up my work bits next week for my employer to let me have 2 weeks on paid annual leave the week after rather than dumping them in it and take 2 weeks off from Monday?

 

I was intending to work up until 38-39 weeks but I'm so disgusted with this company's attitude and treatment to all it's staff (not just me) my maternity leave can't come quick enough (most unlike me as I was born a workaholic).

 

Even though this is my second, the employer I was with when I had my first nearly 7 years ago was so supportive I never had any issues like this and direct.gov.uk is clear as mud.

 

Thanks in advance for any advice

[roddyn66]

If you have indicated to your employers that this customer is abusive and you have a clear record that they, and they have refused to do anything about it, then they are in breach of contract to provide a duty of care.

 

I don't know if your condition makes any diffrence to the outcome at all.

 

I would make sure that you record it in writing and that any abuse is witnessed by someone you know you can rely on.

 

If the company is refusing to address your stress, and it could endanger your or your unborn child's life then they are way outside the 'fair and reasonable' definition used for further action.

 

Best of luck with number two!

 

I have four, and it's much easier with two or even three . Four on the other hand is a PITA.

[farmlama]

when, i was pregnat with my 1st child i was put under a lot of stress at work and i like you carried on working through it even though i was in pain from running around all day and a wreck emotionally (breaking down in tears and such). i worked until i was 39 weeks gone and was exhausted by that time, after i had my little girl i suffered a bit of depression which i think is due to the stress caused in my pregnancy, i also found out i had torn my stomach muscles due to the physical strain at work. i am now 23 weeks pregnant with my 2nd and am taking it easy at work when i can and trying to enforce my rights as a pregnant employee. i am giving up work at 30 weeks so i have time to relax (ish) before the baby comes along, i regret working for so long with my 1st and pushing myself too hard, and i will advise anybody in a similar situation to put themself and their unborn baby 1st. you have been given doctors advice that you are at risk and i can tell you that you are a hell of a lot more important than a job that doesnt give a crap about you. i can guess that you will get no recognition for pushing yourself or dealing with the worst clients. i say take the time off sick, if they decide to let you go after your probation you will still be entitled to MA and you and your baby will fell better for it. dont make the mistake i did with my 1st

[Sparklez30]

I believe if you are pregnant they should do a risk assessment which might help - I'm sure some with more knowledge will be along to advise!

[lihi]

Hi all

 

They carried out the risk assessment about 4 weeks ago but I was told the centre management rejected it because he didn't like it. I had put down that the risks for my job were driving and carrying laptop bag (because me knees are 'sensitive' and I'm having problems getting about). I was given another blank form, to which I wrote the same thing again and said I'm not backing down.

 

Because I didn't want to take the time ill (as previous thread) my partner suggested taking a couple of weeks break before I take my maternity leave in 6 weeks time. I thought this would be a good idea and more convenient for my employer if I did this rather than their targets suffering by being signed off, I booked this off first thing Monday morning.

 

To make my situation even worse, the client from hell works at the company from hell. I witnessed one of her employees being bullied a couple of months ago by a few people and I made a statement against those individuals. Since then one of those has been trying to intimidate me by staring at me whenever he see's me, another makes faces behind my back. I haven't paid their behaviour any attention until this week I was sitting within someone and they were taking the complete 'mickey' out of me loudly behind my back about what I was saying. I finished what I was doing and told the person I was with I would not continue and why.

 

It's not even so much what these individuals are doing it's the complete lack of support from my employer. I was on leave the day after it happened so my Line Manager suggested we meet this morning. First topic was her disapproval at my holiday booked in 6 weeks and how it will annoy my client from hell and apparently it's not forward planning, I pointed out I've made myself ill and this was an alternative to me taking time off without inconveniencing the company. They have an absolute nerve with some of the things they say.

 

I have booked the doctors first thing Monday to get myself signed off for 2 weeks, I've booked 2 weeks off from the bank holiday, it is now my intention to use my remaining holiday to follow on from the 2 weeks and take my maternity leave from then.

 

It's not so much the behaviour of the employees from company from hell it's the complete lack of support and comments from my management.

 

What are my rights, can I refuse to return to this company? I don't want to go near the place ever again and I'm fed up with the attitude of my employers who will not take this situation seriously but only because of targets and the money brought in by this client. My managers words today is if they extend their contract they will get someone else in there other than me and p!ss them off instead. SHOCKING

 

It's got to the point I hate the job and the company and I don't want to go back, it's so unlike me as I love working.

 

Thanks

[lihi]

Anyone?

[lihi]

I'll be clearer about my questions.

 

Does my manager have a right to criticise me for booking 2 weeks off in 6 weeks time? My contract doesn't stipulate a notice period and I only booked the leave because I'm tired and ill as a result of the actions of this company.

 

Do my company have the right to decide to do nothing when a client humiliates me in front of others for no reason (even being referred to as a dilliusionist and trouble maker by her own employees).

 

Can my employer make me go back to this company especially when it's employees are trying to intimidate me as a result of a statement made because I witnessed them bully another member of staff?

 

Can tax credits top up my SSP if I'm signed off as a result of companies non-compliance? I've read something about pregnant employees being on leave as a result of non-compliance with risk assessment, can the same thing apply under other circumstances?

 

I know I am not entitled to SMP, I will be claiming MA. I don't yet have a MATB1 but want my employer to confirm they won't be paying SMP which I need in writing to accompany my MA application. How long can my employer take to respond to my Maternity Leave request? I'm worried about it delaying my MA application and we can't afford for me to be off with no money coming in.

 

Thanks

[lihi]

Also.... How much notice do I need to give my employer to start my maternity leave? Taking into account I am not entitled to SMP.

 

Thanks

[lihi]

And finally promise (sorry baby brain and keep remembering extra bits everytime I go to log out).

 

I'm eligible to take my leave from end of August, I've booked 2 weeks leave following this period and have 5 days remaining to take by the end of the year.

 

Am I entitled to take the 5 days leave following on from the 10 days of leave I have already booked, and then for my maternity leave to follow from the end of the leave. N.B My contract states I'm not allowed to take leave for longer than 12 consecutive days.

[Ell-enn]

To be perfectly honest, given the behaviour of your employer and the fact that you don't want to go back there - I would get your doctor to sign you off until the start of your maternity leave (if you can afford to live on SSP that is).

 

However, your employer has a duty of care to you and should protect you from any bullying (which is what they are allowing their client to do!). If you feel you are being targetted because you are pregnant, then that is a whole new ball game. Employers have the right to refuse holiday if it does not fit in with the business needs but, again if you feel that they are discriminating because of your pregnancy you would need to make a formal grievance.

 

You need to think only of yourself at this time - stress is not something you should have to put up with in your condition, you need to be fit to enjoy your new baby when he/she comes along.

[lihi]

Thanks Ell-enn

 

I'd love to be signed off but not sure if we could afford it. I have until my ML starts to sell my car which is in my parents name.

 

If I decide to go back to work for 4 weeks is it my right to refuse to go back to the clients business? And how much notice would I need to need to give them? I read somewhere it say 8 weeks but everywhere else says by the time I get to 25 weeks.

 

Do they need my original MATB1? I know I'm not entitled to SMP but I need them to confirm it ASAP to accompany my MA application.

[lihi]

Dear Mr Boss

 

Further to my correspondence to Team Leader regarding my sick leave I have attached the doctors note to this letter. I will be returning to my duties on Monday ** August 2009.

 

Today I met with my midwife who has issued my MATB1 form, I have attached a copy of the form. I have been informed verbally by the company I am not entitled to Statutory Maternity pay due to my employment period, for this reason I have withheld the original MATB1 form and provided a copy only. Please ask the Human Resources department to confirm my entitlement rights in writing as soon as possible.

 

I am entitled to take my maternity leave from 1 September 2009. I have already booked annual leave from Friday 28 August 2009 until Friday 11 September, I intend on starting my maternity leave immediately following on from my annual leave, commencing 14 September 2009.

 

I am aware I have 5 days annual leave remaining which I want to take before the annual leave I have already booked.

 

• 4 days from Monday 24 August 2009 to Thursday 27 August 2009 (Friday 28 August 2009 has already been booked).
  
• 1 day to be taken on Thursday 20 August 2009 (Friday 21 August has already been booked.
  

 

 

 

 

If company will not allow me to take the remaining 5 days before the annual leave I have already booked and the maternity leave I have given notice on within this letter, I request confirmation of why in writing and that I will be allowed to carry the annual leave over to the next holiday year or be paid in lieu.

 

In regards to my sick leave, I am suffering from work related stress which is causing complications in my pregnancy. The stress is as a result of incidences occurring at client from hell. This is why I have decided to take my maternity and annual leave to cease work at the earliest opportunity.

 

When I do return to work following my sick leave on Monday ** August, I respectfully request an alternative Trainer is allocated this difficult client as I am not prepared to put my unborn child’s health at risk any further. If company are not able to uphold this reasonable request I ask you to confirm in writing, detailing the reasons why.

 

I ask you to withhold your written responses until I return to work, I do not want the exchange of correspondence to slow my recovery.

 

Yours sincerely

 

 

Does anyone have any comments?