Sickness before Maternity Leave

[PineapplePrincess]

I was off sick the week before I was due to finish up on maternity. Had a really bad chest infection and doctors wouldn’t prescribe anti-biotics till baby arrived.

I followed works’ sickness reporting procedures (third party reporting) and expected the five day self certification period to kick in; although I did visit the doctor on day one of sickness. The following Monday my waters broke and baby arrived shortly there after. Took a full course of antibiotics and several weeks to clear the infection.

Boss has been quiet ever since. Three months later, I’m organising my return to work and looking to use remaining annual leave for a phased return. Boss mentions how I started my maternity leave early....

I had assumed my five day absence was sickness. Was I wrong to assume this? It wasn’t technically pregnancy related, as you can get a chest infection at any point. Wouldn’t they have to advise at the time that they were enforcing my maternity leave early?

Probably not a huge deal for five days, but would amount to an extra two and a bit weeks of phased return.

You need to confirm with your employer that the sickness wasn't pregnancy related and therefore would not cause mat leave to start early. They could argue that had you been able to take antibiotics you could have returned to work and therefore the duration of the illness was pregnancy related but I'm not sure how they could prove that.

So it depends how much you want to fight it- you may need confirmation from your GP that it wasn't pregnancy related.

You need written confirmation from HR of when they believe your mat leave started and why.

Have far gone was you when you went off sick? I was under the impression that non pregnancy related sickness gets sick pay until the week your baby is due

I believe I read that any sickness reported wishing 4 weeks of a due date can trigger maternity leave by the employer.
Also check your companies policy regarding holiday. I have to use all of my holiday entitlement prior to leaving. Any leave accrued while on leave will be saved for when I return.

maternityaction.org.uk/advice/sickness-during-pregnancy-and-maternity-leave/

Did you miss the bit where it refers to 'pregnancy-related sickness' after 36 weeks, @Contraceptionismyfriend?

OP offer to get your doctor to confirm the first five days were non-pregnancy related, in writing, they'll have a job quibbling that. Your mat leave started either the day the baby was born or the day after (as it was earlier than you'd declared leave), I forget which. Think your boss is just trying to squeeze a week out of you and will be easily dissuaded once they know you're on the case. Unless your doc won't provide evidence but is be surprised by that.