Work haven’t offered me sick pay or maternity

[tammyrae]

I’m currently 14 weeks pregnant and have a 10 by 15 cm cyst on my left ovary. I work in a busy catering environment which is very physical. The consultant recommended I stop work as they are (obviously) unwilling to remove the cyst whilst I’m pregnant and we need to avoid it rupturing. I informed work and they told me that I need
to put my health first and they completely understand if I wanted to hand in my notice. I told them that I need to inform UC first as I need to
show them medical evidence - we cannot afford to live just on my husband’s income. They then offered me a job staying on the tills so I don’t have to physically exert myself too much. It still involves standing for over 4 hours but I won’t be running around.

My friend is furious for me as they’re avoiding the issue of maternity or sick pay. I’ve told her that as long as I’m entitled to government payment, I’m not going to push it further. It’s a part-time evening job that doesn’t pay that well anyway. I don’t want to stay there forever but it fits well around childcare. I’ve also lost my contract which baffles her as she’s hot on these things. She doesn’t understand how I’m so laid back. I have a very busy 3-year-old with suspected ASD and I’m studying for a degree. I don’t have the energy to take it further if UC will pay me regardless of whether I quit (and it will be roughly the same amount of maternity or sick pay).

Am I being too laid back about this?

Surely at the very least you can ask work to send you a copy of your contract?

I think you are being too laid back. However I'd probably be overwhelmed with it all too! You've an awful lot on your plate and you must be exhausted.

Can you get signed off sick for a week (or self certify) and take the time to look into what your options are and the implications of each? You could do that online or by emailing a benefits adviser perhaps?

I'd try to avoid resigning if I were you, at least until you're certain it's the best option for you and your family.

I don’t know what you mean op when you say they’re avoiding sickness or maternity? It’s too early for you to go on mat leave and if you want to be off sick then you need
to tell them you’re unwell and not go in. Am I misunderstanding somewhere?

I'd email your employer and ask them to send you a copy of your contract. Then see what it says. They should also have maternity and sick leave policies in place so I'd ask for copies of those too then you know exactly what you're dealing with.

If you are part time you may not qualify for any sick pay and you don't qualify for maternity pay at 14 weeks.

To clarify, it is your earnings that determine your eligibility for sick pay and I assume they only pay SSP. If you earn under £123 per week on average, you won't get any SSP.

This is what I was going to say. It's also far too early in your pregnancy for maternity pay or leave to be relevant unfortunately.

So you would need to go on long term sick until you go on maternity.

Ask for a copy of your contract and sick leave policy. How long have you been working there and what is your average weekly salary?

I thought you only got SSP if you were signed off work, not if you could work with adjustments.

Maternity doesn’t start that early, and you can get signed off surely and keep the job?

Yes. And as it’s a small business and I’m not 100% on whether I will return, I’m not willing to
make a huge issue out of it if they don’t offer ssp (as I’m too exhausted) - as long as I don’t get sanctioned by UC for quitting (I’m waiting for them to reply). My friend doesn’t understand my mindset.

I receive £140 a week and have been there for 7 months.

Well they’re suggesting i
work with adjustments but the consultant recommended I leave.

It was more the fact that the owner completely skirted around the idea of ssp, I don’t expect to get maternity yet.

The only thing is that if you are off and only getting SSP in weeks 17-25 of pregnancy then you wouldn't get enough money to be eligible for statutory maternity pay. You could claim Maternity Allowance instead.

Why not try working with adjustments and see how you get on. You can always reassess after a trial period

Have a look at Maternity Allowance. You might be eligible for that although it will be when you're on maternity leave. You can't get it with universal credit though. www.gov.uk/maternity-allowance

You can get it while on UC but it is taken £ for £ so you are sometimes better off not claiming mat allowance

You need to get signed off sick for them to pay SSP. They won't just offer it.

@TeddyisMydog ahh i didn't know. When i was on Mat Allowance it worked out more than getting universal credit and it was paid every 2 weeks which helped a lot so i just claimed mat allowance.

A lot will depend on how long you have been there and what your contract says. My contract states I only get SSP - but under law I would get maternity pay as I've been there long enough.

They're not going to mention mat leave until you're 28 weeks I think and then bear in mind it's a set period, not until a set period after the birth.

Re sick pay, I don't think many companies would say "oh yes you should have 6 months sick pay and then take a year mat leave, I'll help you pack up". It isn't like you need a few weeks to recover and it isn't really their place to do it.

Take the reasonable adjustment, but ask for a chair or call up before your next shift and tell them you're too unwell to work and then get a sick note from the Dr signing you off.

Your employer cannot offer sick pay beyond about 7 days. They are doing the right thing by tring to help you stay in work and being paid.

Your consultant is being nieve to think you can 'just leave' without considering the financial consequences. They need to be putting you on the sick for the duration of your pregnancy if they believe you shouldn't work given the circumstances. Your employer would then be able to pay (and likely reclaim as a small business) SSP given you are over the £123 limit.

If you just leave - even on medical advice - then you will be sanctioned by UC as youve made yourself jobless. However if your employer were to look at a 6 month sick note provided by your consultant followed by the prospect of 12 months maternity leave and say 'I'm sorry I cannot continue to employ you' which at 7 months in they can do without reason, then UC would consider you 'Unemployed through no fault of your own' and pay you fully. The sick note would also mean you would not be required to work (although I'm not certain the rules work with regard for looking for work as you have the 3yr old anyway).

So you are going to have to get onto of these things - your friend is right you are being a bit laid back (although she isnwrong about your employer) - but I understand why it's tough going with SEN kids without additional complications!

Presumably when you took the job, you knew the sick pay terms. What are they? If your doctor signs you off sick then your boss has to accept it.

I was in a similar situation during my last pregnancy. I had been with company I worked for for 6months part time, had a lot of bleeding issues and hip and back pain, work in food production so was on my feet 8hrs a day. There was no other job at all in the factory I could so ended up being signed off sick until I went on maternity. Because I was part time I didn’t qualify for maternity pay through the company and had to apply for maternity allowance