When can employer force Mat leave to start?

[bunnymom1980]

Basically, I've been off sick and returned to work but I can't cope and am going off sick again.

From how many weeks pregnant can my employer force maternity leave to start? I'm confused because I'm due to leave work at 31 weeks taking 5 weeks annual leave and then start my maternity leave at 36 weeks.

Can they force me to start maternity leave earlier even though I've got all this annual leave to take first?

 

[1sttimemum]

this happened to me, they can only force your mat leave at 36 weeks i have 11 days annual leave left and have been told that i can take them next year and so will then have 33 days plus bank hols lol

 

[tuck]

see this:

Sickness and health and safety
Sickness
If you are ill during pregnancy normal sickness rules apply, with a few exceptions. If the illness is pregnancy related it must be recorded as such, it does not count towards your sickness record & you cannot be dismissed for it. You should not be treated less favourably than other employees because you are sick, so for instance if your employer pays sick employees then you too must also be paid. If your employer does not pay sick employees then you may be entitled to Statutory Sick Pay, in accordance with the normal rules. Note that if you are sick during your pregnancy & not receiving your normal pay this could affect your entitlement to Statutory Maternity Pay, please see our factsheet on Maternity Leave & Pay for more information.

If you are off work with a pregnancy related absence (this could include a health and safety suspension, see below) in the four weeks before the week the baby is due, your employer can insist that you begin your maternity leave. This is the only circumstance where your employer has any say into when your maternity leave starts.
If you are not too ill to work, but your job is making you ill, or is not safe to do in pregnancy, then you are not sick, the problem is health and safety.