I work for a small company as the office manager. I am currently 6 weeks into my maternity leave.

Our company policy regarding maternity leave, pay and benefits is the statutory minimum. [Our parent company in the Netherlands has a policy of 4 months at full pay, their statuatory minimum.]

My employer refused to employ a full time maternity cover for my role as office manager for the period of my maternity leave because of the additional cost to the company. [This is despite the problems this would cause, which I highlighted in some depth and the fact that as a small employer cost of SMP could be claimed back]. Eventually he agreed that if I ‘made it possible’ (ie cleared my work before I left and arranged the role accordingly) then they would employ a part time office admistrator on a fixed term contract to carry out the day to day admin whilst I was away. The rest of my role would either be put on hold until my return or handled by my boss, the Co. Director. In return I would receive enhanced maternity pay of 4 months full pay. The remainder of my leave would be at SMP.

In the months and weeks before maternity leave I did as requested which meant working 13 hour days and Saturdays. Not something I appreciated so late in my pregnancy (I went on maternity leave at just over 37 weeks), but the enhanced pay meant I could financially afford to take 6 months off to spend with my baby and this would make going back to work full time easier. Apart from raised blood pressure, I was fit enough to do this.

Sadly, just a few days into maternity leave we discovered a problem. Our baby was stillborn the next day, for reasons we do not know. [blood pressure could be a factor].

I am aware that legally I am still entitled to statutory maternity leave etc as before. However, my employer left a telephone message 2 weeks after the stillbirth to enquire when I would be back to work. My boss now wants to come to visit me to discuss my return to work.

I suspect that the arrangement of part time admin cover for my full time role is not working out and that in order to pressure me back into work my boss will withdraw the enhanced maternity pay. He will no doubt use the arguement that the additional pay was in return for ensuring my role could be covered by a part time administrator and that as it has proved not to the case, this pay will be withdrawn.

At present I’m not in a fit state to go back to work nor in a position to predict when I will be. Needless to say, the pressure the company are putting on me is by no means helping either and if it weren’t for the fact that my age means i’m keen to try for another baby as soon as possible and therefore need to ensure I have adequate maternity entitlement in place, i’d simply walk away. I resent that I had to work so hard and such long hours to ‘earn’ the level of maternity pay that is standard for employees of the parent company, and feel guilty that I let myself be put in this situation.

I’d appreciate your advice on my situation, on all aspects but especially regarding the withdrawal of the enhanced maternity pay as this is the most pressing issue.

Many thanks

Trudy