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  1. #1
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    Unhappy Early mat leave and medical note?

    I"ve been told by Centerlink that if can not start maternity leave any sooner then 8 weeks before baby is born even if I have otherwise met the work test to get the paid parental leave.

    I want to start mat leave 10 weeks before baby is born, reason being I work in a violent setting (teenagers with mental disturbances, some with autism) I also can not sit as my tailbone is so inflamed and i can not stand for too long as my hips feel like they are about the snap open.

    I am in so much pain and do not feel safe in my workplace I honestly dont can't do it anymore.

    Taking this into consideration how likely is my GP or the delivering hospital (public) be willing to write me a medical certificate stating i am unfit for work? so I can start my mat leave 10 weeks before baby is born.

  2. #2
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    Can you take sick leave/personal leave/annual leave for a couple of weeks before starting official maternity leave?
    My GP and midwifes were always fine with writing various letters along those lines, I'm sure they'd be sympathetic.

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    I second @deku or ask your employer to move you to a "safe" job for the period between now and when your mat leave starts.

  4. #4
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    my employer will not do that and yes i can take leave but it will be unpaid and seen as a 'holiday'

  5. #5
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    Quote Originally Posted by babybloom View Post
    my employer will not do that and yes i can take leave but it will be unpaid and seen as a 'holiday'
    Don't they have to as per WHS?

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    Your GP should definitely be able to write you a medical certificate. I started mat leave earlier than that, the hardest part was just getting HR to agree to it. It all depends on what is in your contract or work place policy. I'm a nurse and had some troubles with HR but eventually for approved (thanks to the union).

    The other option is to use your annual/ sick leave and then start your paid mat leave (at 34-36 weeks) so you still fulfil the Centrelink criteria.

  7. #7
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    Quote Originally Posted by KitiK View Post
    I second @deku or ask your employer to move you to a "safe" job for the period between now and when your mat leave starts.
    Don't use your sick leave, as advised above, ask them to move you to a "safe" job. If they can't, you're entitled to "no safe job" leave which is fully paid leave. It's an entitlement under the National Employment Standards: https://www.fairwork.gov.au/leave/ma...e-entitlements

  8. The Following 2 Users Say Thank You to JR03 For This Useful Post:

    KitiK  (27-10-2015),Rose&Aurelia&Hannah  (27-10-2015)

  9. #8
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    Quote Originally Posted by JR03 View Post
    Don't use your sick leave, as advised above, ask them to move you to a "safe" job. If they can't, you're entitled to "no safe job" leave which is fully paid leave. It's an entitlement under the National Employment Standards: https://www.fairwork.gov.au/leave/ma...e-entitlements
    This is the best advice but don't mention your pain. It is not in the interests of your employer to find you a safe job if they know they can send you off and make you use your sick leave. I've been through this with HR and WHS and believe me when I say they will do whatever they can to ensure they don't have to pay you out of their pocket if you have sick leave entitlements.

  10. The Following 2 Users Say Thank You to Ngaiz For This Useful Post:

    JR03  (27-10-2015),KitiK  (27-10-2015)

  11. #9
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    I would also follow up with Centrelink because this is what I understand as is a direct quote from the gov.au page:

    To meet the work test for Parental Leave Pay you must have worked for at least:

    10 of the 13 months before the birth or adoption of your child, and
    330 hours in that 10 month period, which is just over 1 day a week, and had no more than an 8 week gap between 2 consecutive working days.

    The key part here being that there doesn't appear to be an issue with having more than 8 weeks off work, just having more than 8 weeks between consecutive working days.

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    The advice regarding the safe role was given to me after I had to stop my usual role at 21w due to preterm labour. My employer was extremely reluctant but otherwise had to pay me full wage if they couldn't find me a role.

    I then had to take special maternity leave from 27+5 due to more preterm labour. Centrelink wouldn't pay me until 34w also so these weeks were unpaid. I got told the same thing- neither my employer or Centrelink will pay until 34w regardless of there being a medical reason. Sorry OP, it pretty crappy!


 

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