Sick pay during pregnancy

[Mrstiggywiddle]

Hello everyone - can I ask for some advice? I work for a fantastic firm where the benefits are very good and the team I work for are a fantastic and supportive bunch of people. I'm nearly 21 weeks pregnant and I had 7 weeks off sick on full pay during the first trimester (not HG, just bad sickness and awful fatigue). My fit-for-work certificates state pregnancy-related illness. My firm have a generous sick pay policy - up to 8 weeks on full pay, then 8 weeks on half pay, but in their maternity booklet it states "If you are absent from work during your pregnancy due to sickness, our usual sick pay policy will apply, unless your absence is pregnancy-related, in which case you should speak to your HR contact." So when HR sent me a letter notifying me I had 1 week left of sick leave on full pay I was a bit surprised. I did speak to the HR contact who reminded me that the sick pay policy was very generous and had I considered using holiday. With an ordinary pregnancy I would just bank on not needing any extra sick days before I go on maternity leave, but this is my 2nd pregnancy, my first was IVF and twins, labour at 24 weeks, 1 boy died, the other boy had serious neurosurgical problems and left hospital at 6 months, and I am very afraid that I may need extra time off work before my maternity leave starts to keep this little baby safe. I have already had a further 2 days off for contractions (Braxton Hicks) before being given the all clear. I have to take my son to a fair amount of hospital appointments which HR are calling discretionary leave. My new pregnancy is being very carefully monitored which means more absence from work, also discretionary leave. Obviously the most important thing here is the safe arrival of the new baby, second is job security, but I can't afford to go down to half-pay and I would like to pursue this matter, but don't know how best to tackle it. Has anyone else had a similar pregnancy-related sick pay issue?

I am sorry, but legally you don't really have a leg to stand on based on what you've said.

When the policy talks about "If you are absent from work during your pregnancy due to sickness, our usual sick pay policy will apply, unless your absence is pregnancy-related, in which case you should speak to your HR contact." they are saying that they recognise that sickness absence due to pregnancy cannot be subject to any of the same absence management that normal sickness absence might trigger. They haven't promised you anywhere (that you have referenced) that the sick pay will be more generous than normal. And the legal assumption will be that sick pay will follow the normal rules unless they have specifically made you another promise.

I am so sorry about the loss of your son and your other son's health problems.

I doubt there is anything you can do to pursue this further.

As they haven't agreed anything extra for pregnancy related illness you aren't entitled to anything other than the usual policy.

They cant hold sickness against you for disciplinary reasons etc, but don't have to give extra sick pay provisions unless stated in your contract/handbook.

The company where i work gives us just 5 days full pay when sick, then absolutely nothing else, pregnant or not. We can get ssp if signed off.

Your company sounds extremely generous in comparison.

Its hard, but just one of those things I doubt there is anything you can do...

I'm so sorry to hear about your loss OP - what a terrible time you must have had.

I'm currently 30 weeks pregnant and in the last 20 weeks I have only been in work for 5 days separate days. When I was 22 weeks pregnant I was then signed off for good, not to return to work at all. I'm very fortunate that I get 6 months sickness at Full Pay. I'm not sure how me and DH would have coped financially otherwise. I probably would have had to refuse the sick note and gone back to work against medical advice.

Have HR explained why despite their policy implying that pregnancy sick pay is different to normal sick pay, they haven't offered any alternative options?

Writer - Their policy doesn't imply pregnancy sick pay is different to normal sick pay. It doesn't say that anywhere in what the OP has quoted. The section that the OP has quoted is very clear that it is referring to absence - and it is right, pregnancy absence is different from normal absence that happens to fall during pregnancy. They haven't said anything that implies that the pay is different.

And even if you could somehow convince a Tribunal (which is where this would end up worst case, obviously) that it was referring to pay as well, all it says is 'talk to HR'. There is no implication of difference or promise of more.

I just wanted to say thank you to those who responded to me - 8 years ago!!! It was a hard time, I came back to work, it was peppered with absences, my colleagues were pretty unsympathetic, I went on early maternity leave, came back and struggled to balance work with family and my eldest’s developmental issues, maternal guilt, etc. HR at the time talked the good talk, wrote cuddly policies, but in reality their only concern was for the business - and most of them had no children themselves. Lesson learned. That area is not for me and my family. Thank you again. I found it hard reading the responses at the time as I felt so fragile, then let it slip, sorry for thanking you so late! Best wishes to you all. @PenguinsDontEatKale @Writerwannabe83