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Starting Maternity Leave (on MA) and sick leave. I need help! (Flowery???)

(2 Posts)
MrsHuxtable Tue 23-Aug-11 13:57:33

I've just come home from the CAB where I got printed off some information about Maternity Allowance and Sick Leave. I know the advisers there are only volunteers (worked there myself in the past), so I'm not expecting that much. I am however disagreeing with something the advisor said to me.

My situation: Have been off work sick due to pregnancy complications for 8 weeks now and will be for a while longer. Due to this, I won't qualify for SMP (only SSP in qualifying period) but will get MA. If the complications won't improve, I will most likely be off sick til I start maternity leave.
Obviously I would like to do this as late as possible so I have more time at home with the baby before I return to work.

This is were the CAB person and I disagree. He says that SSP will automatically switch to MA 11 weeks before the baby is due because I will not be working. I think because I am on sick leave, I still count as employed and therefore can only be made to start MA 4 weeks before the bay is due.

Here are the relevant paragraphs from advisor net:
(13) A woman has some choice as to when MAP starts. The earliest she can start receiving maternity allowance is from the 11th week before the expected week of childbirth. The latest she can start maternity allowance is from the day after the birth.

(14) A woman is treated as working if she is off work due to sickness and has not yet stopped work. However, if a woman is off work sick with a pregnancy-related illness from, and including, the 4th week before the expected week of childbirth, MA begins on the day following the first complete day she was off work sick for that reason in the four-week period.

(16) If a woman is not working at the 11th week before the expected week of childbirth, MA begins at the 11th week before the expected week of childbirth.

So I guess it all comes down to whether I still count as employed when off sick or whether I will count as not working.

I got the feeling CAB guy didn't really get what I was on about as he kept saying, you won't be working but in my opinion, for this purpose, I actually am.

Please!!! Can someone shed some light on this????

Grevling Tue 23-Aug-11 14:59:27

I'd say you're still working therefore 4 weeks.

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