help regarding maternity leave

[lynzmeek]

hi im hoping some one can help me.my sister gave her notice to her employer for her maternity leave and it should be her last day tomorrow,but her boss asked her to do an extra 3 wks and she doesnt really want to but her boss has told her if she doesnt he will not keep her job open for her when she wishes to return to work.is there anything she cn do as she does not have a contract she was never given one to sign when she started but she is on the payroll.

[Gogivit]

How long has she been employed by this employer?

 

Does she pay National Insurance contributions?

 

How long has she got before the baby is due?

 

 

No one could advise you without the above information!

[lynzmeek]

she has been emplyed for about 4 years i think.she does pay national insurance and her baby is due 10th sept

[farmlama]

regardless of whether she has signed a contract, she is still an employee and has proof of this (being on the payrol). as long as she gave sufficient notice of when she was going to start her leave then her employer cant make her stay on longer. failing to keep her job open would be classed as sexual discrimination.

[farmlama]

just checked dates and she wont be 29 weeks untill 25th june so she cant start her leave untill then, unless shes taking holiday 1st

[elche]

just checked dates and she wont be 29 weeks untill 25th june so she cant start her leave untill then, unless shes taking holiday 1st

 

Without checking your dates right now, this sounds right.

 

An employee has no right to commence mat leave earlier than the beginning of the 11th week before the EWC.

 

Certain exemptions do apply e.g. earlybirths etc, but I won't go into detail, as if they apply to her, it is likely that her job will be the last of her worries.

 

Hope she has a safe, succesful and happy pregnancy.

 

Any more problems do come back, as you don't get a more 'protected' employee, (from an employment law perspective) than one which is pregnant.

 

Che