maternity question

[labrat]

manyt of you will remember me asking about sister in law due to issues with her work place, they did settle down in the end

 

heres the latest (and probably last) question.

 

her maternity leave start date is the 5th august, as far as i see it this is her first day off

 

her works however is insisting that she works the 5th and a maternity start date of the 5th means the first day off is the 6th, any attempt to be off on the 5th would be classed as awol.

 

whos right?

[callumsgran]

If her maternity leave starts on the 5th then the last day she should work is the 4th surely? thats how i see it but i'm no expert

Does she work full time?

Would she normally finish her working week on a thursday?

[Feebee_71]

I would think (and only from the point of common sense) that, if it says her Maternity leave STARTS on the 5th August then that's her first day off whereas, if it says her LAST DAY is August 5th then the leave starts August 6th. In the same way that, if you take 2 weeks holiday from the 5th August, then the first day OFF will be August 5th not August 6th.

 

Feebee_71

[Sidewinder]

When did they start arguing over the start date? Surely if she informed them no later than 15 weeks before the due date, they have a responsibility to confirm the dates within 4 weeks of being notified, so to be haggling over dates now seems a little bizarre, unless she made an error of dates when she notified them, in which case they are entitled to hold her to what she originally said. In that case, as stated above, if your sister in law said that she intended to start maternity leave on 6th August then she starts on 6th August. If she said on 5th August then her first day will be 5th August and the employer is wrong to try and change that now.

[mariefab]

The date that her maternity leave starts is exactly that.

Have they explained why they feel that the first day of her maternity leave should be spent at work. It makes no sense at all to me.

[labrat]

looks like she might be off sooner, pregnancy related illness

[labrat]

ok this may get complicated

 

ive only got 3rd hand information on this so far as ive not had a chance to have a look at the documents or talk to sister in law, just stuff passed to my wife via her mum

 

S I L has been handed a p45 along with several other people, correct me if im wrong but i thought a p45 was used at the END of employment rather than maternity leave, any thoughts

[mariefab]

You are correct a P45 is issued when employment ends.

[labrat]

right seeing the document tomorrow

 

will post more then

[labrat]

definatly a p45 a1....

 

odd thing is although given to her on aprox the 2nd april its dated the 30th june...

 

shes going to chase it up with work tommorow as many people seem to have receaved one, ive got a vauge suspicion that as its relativly new owners theyve mixed up p45's and p60's

 

however she is very timid and shy and if they fob her off i am prepared to go in with a statment that shes willing for me to act on her behalf and then break someones knee caps with a dremel... sorry

[callumsgran]

Any update on this labrat?

[labrat]

sorry been on holliday for a week.

 

shes been told the reason for the p45 being given out is that the previous owner of the business went under and it was brought up, the p45 was issued by the ex-employer and she has been passed to the new company not made un-employed

 

they came to an agreement for the 6th in that she didnt HAVE to work it but if she did they would pay the money owed ontop of any maternity pay

[callumsgran]

Oh cool, i do like it when loose ends are tied dont you? lol