# Asking work for mat leave..... Legal issues



## duffy7 (Apr 3, 2011)

Hi, we are currently just over 12 weeks pregnant so I am thinking of telling my head master and council and asking for maternity leave.

I know legally they don't need to offer me any however the fact they give adoption leave, which legally they don't need to, I am hoping that they may honour me with something.

I do remember reading on here in the past someone who had put a letter forward siting the new surrogacy laws that will come into play 2015, can anyone advise? 

Thanks x


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## Susieque44 (Jun 14, 2011)

Hi Duffy

I would like to know this as well, We are only 6 weeks at the mo so l have a long way to go before asking for Mat leave but l had a brief discussion with my boss a while ago as he knew we were going down the surrogacy route. He said that even though they don't have to offer mat leave he would hope that the company would honor this in the same way they do for adoption leave. I only get 9 weeks pay and the rest is stautory goverment pay so l wondered how that works ? So complicated lol !!

Congrats on your pregnancy though xxx


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## NatGamble (Mar 1, 2007)

Hi Duffy

The government is in the process of changing the law to give leave/pay equivalent to maternity leave to IPs through surrogacy. The new rights won't come into force until 2015 but in the meantime it is likely that a failure to give leave on a discretionary basis amounts to discrimination, and there was a recent decision from the European Court of Justice saying this. It means that in practice you should be able to negotiate time of work.

This is a tag to the blog updates we've posted on this issue which should give you all the background: http://www.nataliegambleassociates.co.uk/blog/tag/maternity-leave/

I know a good employment lawyer who can help with these issues, and has successfully won maternity leave/pay for a few of our clients. If you PM or email me I can give you her contact details.

Natalie


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## Louise84 (Aug 18, 2011)

This is a good question. I informed my work before I started and they agreed to me that they will pay £150 per week for 6 months. Would you say this is fair? I just said yes as was glad they were will to pay this considering they can't claim back the statutory amount from the government. Now I'm wondering if I should have asked for the same as any other on maternity? X


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## NatGamble (Mar 1, 2007)

Hi Louise


I've just sent you a PM


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## Louise84 (Aug 18, 2011)

Thank you I will def look into this x


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## duffy7 (Apr 3, 2011)

Thanks for the info Natalie.

I work in education and the council offer adoption leave, which I believe legally they don't have to.

I wAs hoping they would offer me the same time off and payments as that and similar to maternity leave.

Would that be fair to accept?


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