Maternity leave and holiday : I’m a care assistant and I... - NCT

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Maternity leave and holiday

Clo2513 profile image
12 Replies

I’m a care assistant and I’m having to do a lot of bending, standing, lifting and hoisting. My manager has given me no support in my maternity or ever spoken to me about my maternity, all I’ve had is ‘when are you planning on starting your maternity’ my baby is due on the 26th December 2019, I looked up on the government website and it says the earliest I can start is the 6th October. I’m just wondering if there’s any advice out there please? I’ve also got 3 weeks holiday left to use, which I was going to use 3 weeks before maternity, but my work are refusing to give me it as you don’t get holiday before you go on maternity which I know is wrong and have shown them the legal actions, but they say they can’t allocate my holiday because they’ll be no one to cover, but who will cover my maternity if that’s the case? I’m just a bit confused, I’m being treated so badly I just want to leave now!

12 Replies
Lisaworthy1981 profile image
Lisaworthy1981

I finish on Friday to start my maternity leave!! But before my

Maternity starts I have two weeks holiday! I’ve heard of lots of people doing this so I’m sure there in the wrong!

Is there no one else you can speak to about this??? Xx

Clo2513 profile image
Clo2513

I’ve tried speaking to head office but they all seem to stay on one side and don’t like to admit they’re wrong, I should be allowed to have 3 weeks holiday before I go as that’s what I have left, so I’m going to try and speak to my midwife and see what she suggests as my work don’t seem to be willing to help me or know the rights! xx

Zopes profile image
Zopes in reply to Clo2513

Hi Pinklady, your employer should have had a proper meeting with you as soon as you told them you were pregnant they should carry out a risk assessment with you to see what areas of your job will be suitable and not suitable for you whilst you are pregnant and they should adjust your work load or specific jobs and either offer assistance or change the jobs all together if it would put you under any strain. You are entitled to take your holiday before or you can start your maternity leave with your outstanding holiday and then start your maternity pay claim later. You are entitled to paid time off for any ante natal or doctor appointments even if they are on a day you would normally be working and they cannot ask you to make those hours up or

owe them hours for those appointments.

I would take advice ASAP and speak to your doctor and or midwife and get some advice. Don’t put yourself or your baby at risk because your employer is being unreasonable they have no right to do that and should be offering you lots of support.

If necessary get legal advice.

Hope everything works out for xxx

Debrakay1704 profile image
Debrakay1704

Hi, I think you would need to advise your company that you need to seek advise on this with either the Citizens Advice or ACAS, as it would be dependent on what is in your contract as well. I am also taking 15 days holiday before my mat leave but I am able to do this with my company, the above two will be able to assist you, hope this helps. x

You might find access to more support here: maternityaction.org.uk/advi...

Although your midwife might be able to advise you and provide various letters etc, they won’t be able to step in to speak with your employer to make them adhere to your rights; it seems to me you might need someone to advocate for you to make them see they’re not doing what they should be.

Clo2513 profile image
Clo2513 in reply to

Thank you very much for the help!

gcw104 profile image
gcw104

Can you not just take your 3 weeks to give yourself a break before September then go see your dr and try to get a sick note up til Oct? My friend was on the sick from Dec to Feb when she was due.

Clo2513 profile image
Clo2513 in reply to gcw104

I was thinking of going to the doctors and explaining what’s happening and too see if they can sign me off for a while so I have a little break and then ask again at my work about taking my holiday as I won’t ever get that back otherwise

roxannacar profile image
roxannacar in reply to Clo2513

Beware about having lots of time off whilst pregnant. Would speak to citizens bureau. If you're having lots of sick leave (not sure the threshold) it will trigger your maternity leave to start earlier.

XxjustmexX profile image
XxjustmexX

I work in a care home and they wouldn’t let me take my holiday as it fell over the Xmas period but it got too much for me like you doing a lot of bending lifting etc so I got a docs note. I spoke to my hr and there letting me take last years holiday what I didn’t get to use (they say) and also this year so when I go back am just to use a holiday a week so I only have to do one night a week until it runs out xx

Clo2513 profile image
Clo2513 in reply to XxjustmexX

Yeah everything just seems to get a bit too much and a bit worrying and I’m going to try and get into the doctors to explain everything and see if I can talk to someone about either having it before or at the end of my maternity. Thank you!

MichelleGC1978 profile image
MichelleGC1978

Hi hun, I'm a hca, you are allowed to take your holidays before your maternity leave. If I was you go to citizens advice. I took all 9 months off when I had my little girl. It sounds like your company is trying to pull a fast one! Or if your company doesn't listen go to QCC. Plus they should of done a review on your jobs your doing! Good luck xxxx

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