Employment law in pregnacy question?

[MamaKK]

I just have a question about employment and pregnancy without a contract.

If you have time off (signed off by the doctor) because you are not feeling good due to the pregnacy at 4 mths pregnant, do you get normal pay or SSP?

At 4 months it is normal pay I think. If you are ill towards the end of your pregnancy and it is pregnancy related then they can ask that you start your maternity leave...not sure at what point this is...will find out. Flowery should be along soon to give you all the ins and outs.

bump... i thought i might be able to help but i dont know this one - hope flowerybeanbag & co wander along soon

You get whatever anyone else in your company who has time off sick would get. Unless you get extra contractual sick pay, then it would be SSP only.

I know you can be made to have your leave if you have time off 4 weeks before the birth due to pregnacy.

Everyone gets the first 3 days off sick without pay then ssp after that.

just wondered, did you mean smp (maternity pay) rather than ssp? if you did then i can help...

Tis 4 weeks before - see the pregnanct factsheet from www.workingfamilies.org.uk

No i mean SSP. Maternity pay can be taken at the earliest of 29 weeks. What i need to know is what do you get if your ill due to pregnany before 29 weeks.

No difference - you will still get SSP - have a look at that link as it is really good and explains everything.

I am the employer. I normally pay SSP after the first 3 days of an employee being off and was going to do the same with the woman who has been signed off for the doctor this week but then thought it might different because she is pregnant.

Ok - I recommend you look at the link because they have an employer section....hth

Thanks for the link but it doesn't answer my question.

Sorry! It is my understanding though that you just treat her as you would any other employee (unitl she gets to the 4 weeks mark)

Hopefully Flowery will be along soon!!

No, MamaKK (I am an employer too, or rather my parents are and I work for them) it doesn't make any difference that she is pregnant. She gets her 3 waiting days without pay, then statutory sick pay after that, same as anyone else off sick for any other reason, unless you choose to pay her more but I'd be careful with that as it may set a precedent for others in the future.

Thank you everyone for the advise, it has been a great help. I will do the 3 days without pay then the ssp after that like i would anyone else.

Pregnancy-related illness is slightly different in that it shouldn't be added to your normal sick record and you can't be disciplined for it as you might be for 'normal' sickness, but in terms of pay, there's no special treatment, so yes, whatever you pay a normal person.

Flowery...arriving late is just not on...I shall be docking your pay. oops forgot you dont get any pay for your advice on here. Shame - you would make a fortune...

karen

justjules I'd say anything where you are signed off sick by a doctor because of a m/c is pg related. Not any compassionate leave you might have, but any sick leave, as you wouldn't have been off if you hadn't been pg.

Being off and receiving SSP still counts as being employed, but bear in mind qualification for SMP also relies on earning enough in the qualifying period, just being employed won't be enough, see here.

The 26 weeks out of 66 weeks rules is actually relating to maternity allowance which you might be entitled to if you don't qualify for SMP, see here. It actually says you must be 'at work' for 26 weeks out of 66, so my guess is off sick might not count. If it is maternity allowance you mean, not SMP, I can have a bit more of an investigate into that for you.