26 week termination versus maternity leave

Question

Hi

If someone choses to have a termination at 26 weeks, this example is due to finding out downs syndrome, would that person still be entitled to her maternity leave as they may have had to deliver baby ??? Come up in conversation today as it has happened in my workplace, not my patch but another area, so very curious and interested.

Answer 1

Well I'd say most jobs have materinty leave don't they? she could use that up and then do the other one afterwards...

And if her child has downs like you say it does, they will need alot of attention.. SO I could understand that one..

your making out like its a total joke? odd..

Answer 2

No, that individual would not be entitled to maternity leave since maternity leave is designed to give the mother time to recover from the birth and care for her child. Since there is no birth and no child, there is no maternity leave. However, in the instance of a still-born baby, the ethical (not legal) thing to do would be for the employer to give the mother a few days off to recover.  

Answer 3

Its illegal to get a termination at 26 weeks.  

Answer 4

In addition to providing time for the mother's body to heal, maternity leave also provides time for bonding between mother and baby. Bonding time would not be needed in the case you described. However, the termination would be a medical procedure and the patient should be able to take off time for that. A caring employer should also consider time for grief, since that woman lost a child, one I assume she would have preferred to have been born healthy and happy.

I'm not sure about the legalities involved here, though. If there is no baby, there is not maternity leave. I think all the employee has is the sick time she has coming to her.