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Question
Posted by: Honey | 2008/09/02

Maternity Leave or Sick Leave

Hi
My employer is insisting that I start my maternity leave 4 weeks earlier than my expected due date. I am currently inhospital due to a liver infection and my doctor has given me a certificate stating i am unfit for work, hence in hospital for observation.

I am currently 31 weeks pregnant and will have to carry up to 36 weeks before a c-section will be done. Is it possible for my employer to enforce that i take me maternity leave now in stead of starting at 35 weeks?

They have also confirmed that i must use my annual leave if i want more time off than needed. Which i feel is unfair, i would like to spend the time with the baby and not take earlier maternity leave. This would mean that I will have to send my baby to daycare from 2months old?

Could you please assist and let me know what my rights are and what steps i need to follow?
Thanks
Honey


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Our expert says:
Expert ImageLabour lawyer

you have been put off on sick leave you do not have to start your maternity leave earlier. If you want more than your normal maternity leave then you would have to access your annual leave.if there are problems then you can contact the department of labour

The information provided does not constitute a diagnosis of your condition. You should consult a medical practitioner or other appropriate health care professional for a physical exmanication, diagnosis and formal advice. Health24 and the expert accept no responsibility or liability for any damage or personal harm you may suffer resulting from making use of this content.

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