Please answer need advice

Question

just wantin 2 ask a couple of questions am not sure off. 1)when am off on maternity leave 4 9 months do i have 2 go in2 work 2 cover peoples hols in work or am i entitled not 2 go in if i dont want 2 2)do i have 2 work right up 2 when i give birth or if i wanted can i start a month before my due date on maternity leave. 3)and lastly if i dont want 2 go back after my 9months off work as i will want 2 go part-time wat time limit do i have 2 let my boss know by. just wanderin these questions cos its a small place i work in and there is a girl out on maternty leave at the min shes back in oct but my boss has been phoning her and gettin her in 2 cover hols just wanderin where i stand if i dont want 2 that thanks

Answer 1

You will have to check your companies policy on all of that, because every company has a different one.

Get it and read it, and if there isn't anything about covering for someone, don't.

There is also Caller ID.  Just don't answer your phone.  You have a right to whatever Maternity Leave the company offers.  Don't be roped into anything.

Answer 2

Maternity leave in the UK.  It should be up to you if you want to go in during your maternity leave, but for only ten days of your leave if you want to keep your SMP.  It's against the law to go in for the first two weeks of your leave.  You can work up until your baby is born or 'you can start your leave any time from 11 weeks before the beginning of the week when your baby's due' (approximately from 28 weeks).  I think you might have to give a months notice if you decide not to return to work.

'If an employee decides not to return to work at the end of the maternity leave she is still entitled to receive the full amount of her maternity leave and pay, but she must give the notice period set out in her contract, (or if none is set out in the contract the statutory notice period).'

Answer 3

That's a bit hard for me to read, but basically what you need to know is if your employer is one that has to follow the FMLA (Family Medical Leave Act) or not.  Thge FMLA is generally for employers who employ 50+ employees and if eligible, they have to give you up to 12 weeks (you can choose to take less) of unpaid leave for any medical issue, including maternity leave.

If indeed where you work is a "small place" then chances are they are not bound to the FMLA, which means how much leave, if any, and when it's taken, is completely at the discretion of your boss, especially if you live in what's called an At-Will state.  All my advice is also assuming you are in the USA as I don't have any knowledge of other country's laws.

Technically bosses can't fire people because they are pregnant, but they could deny the leave and fire you for job abandonment when you don't show up.  Obviously you know your boss and I don't, and they may very well be very flexible and reasonable, so just talk to them, let them know what you would like, hear what they have in mind, and see if the two of you can't reach an agreement.  It wouldn't hurt to get that agreement in writing either.