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Maternity pay

10 replies

Kknightxx · 03/07/2018 14:09

Just found out im not entitled to any maternity pay because ive had so much sickness:( going to struggle so much now, is there anything i can do ?

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BlueBug45 · 03/07/2018 14:13

You need to provide more information for other posters to help you.

Is this company maternity pay or SMP?
How long were you off sick for - as in number of weeks? Was the sickness related to pregnancy?

Daffodil2018 · 03/07/2018 14:17

Looking on the ACAS website, it looks as though you may qualify for Maternity Allowance even if not SMP. www.acas.org.uk/index.aspx?articleid=1753#receiving

Have a look and see what applies to you.

BlueBug45 · 03/07/2018 14:18

Can you also post in the section "work" under "Employment Issues"? Put in answers to the questions I've asked you so you can get full replies, though expect posters to ask you more.

BlueBug45 · 03/07/2018 14:30

Also maybe worth you contacting the charity, Maternity Action - www.maternityaction.org.uk/ as they have a helpline.

Employers do get it wrong what people are entitled to, what deductions they can make from wages etc and need to be challenged to do things correctly under the law.

Kknightxx · 03/07/2018 14:34

Apologies. Ive had about 2 months where I was just on sick pay, but some bank holidays did boost the payments. For the last 2 weeks ive taken holiday for 2 days per week and sick on the remaining days. I went to the doctor today and received a sick note for the next 4 weeks for pregnancy illness thinking i could take my holiday instead of being paid sick pay, but my boss doesnt think this is aloud.

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BlueBug45 · 03/07/2018 14:43

As your boss doesn't know what is allowed please check with Maternity Action asap and also post in the Work part under Employment Issues, as hopefully there are Employment lawyers, legally trained union reps or other legal professionals there.

From what I've read if you are on paid sick leave you are legally entitled to normal employment benefits such as holiday pay and maternity pay. However the amount of maternity pay you are allowed may be lower due to to being on sick leave. It is also complicated by the fact some of your sickness is related to pregnancy.

Kknightxx · 03/07/2018 14:51

Ive been on the government website to work out how much maternity im entitled too, which is lower because of the sickness which is fine. But if im just paid my sick pay the next 3 weeks im not entitled to maternity but if i get paid in holiday instead I will be entitled...!

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BlueBug45 · 03/07/2018 14:58

I would withdraw the sick note, and say you are on holiday instead. You are actually allowed unlike what your boss thinks - www.gov.uk/taking-sick-leave

This is why I had a feeling your boss didn't know what they were doing and you should get proper advice to understand your employment rights.

BlueBug45 · 03/07/2018 14:59

I should have added to you need to make a fuss now to your boss and follow up any verbal conversations in writing e.g. email so you have proof that you spoke to your boss about it.

beccii161016 · 03/07/2018 21:24

It may be something worth speaking to CAB or HMRC about. You need information from someone who understands this completely.

If you don't qualify for SMP you should still qualify for Maternity Allowance as you have a job.

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