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Talk about every stage of pregnancy, from early symptoms to preparing for birth.

Original poster

Sick before maternity leave?

21 replies

Gigi178 · 16/11/2019 07:36

Hi all,
I'm currently 30 weeks and have been signed off for 3 months with work related stress and a LTC with my back. Dr has also put 'pregnant' on my sick cert. Does anyone know when will my maternity start? Is it the date from when my sick cert finishes or can my work make me take maternity early? Can't seem to get an answer online and my work policy doesn't specify.
Thanks xxx

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FunOnTheBeach20 · 16/11/2019 07:37

Mat leave will start at the end of sick leave or when baby arrives, whichever is first.

Teachermaths · 16/11/2019 07:39

They can force you on maternity leave for pregnancy related illness from 36 weeks. Before that you will be expected in work unless you have a sick note.

thisyeargoodyear · 16/11/2019 07:40

It depends whether it is considered to be pregnancy related (you have said the GP has put pregnant on the certificate). If it is pregnancy related then your mat leave will kick in 4 weeks before your due date regardless. See www.gov.uk/working-when-pregnant-your-rights

This is my understanding anyway.

UhareFouxisci · 16/11/2019 07:42

as pp say they will flip your status over to maternity leave when you reach 36 weeks. you won't be able to take any annual leave before maternity leave starts but they are legally obliged to roll any accrued balance of annual leave over to next year so you can take it after maternity leave ends.

Original poster
Gigi178 · 16/11/2019 07:46

Thanks... so my work can't make me go on ML now then, only from 36 weeks?

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Dinosauraddict · 16/11/2019 07:48

This actually depends on your own company's HR policy (and whether you're entitled for their enhanced mat pay). I checked this because I've been signed off for 7 weeks, although an earlier in my pregnancy than you atm. In my workplace you can start (and be forced to start) mat leave 11 weeks before the estimated week of childbirth!

Original poster
Gigi178 · 16/11/2019 07:51

@Dinosauraddict I did hear of this but I thought only if it's pregnancy related illness however as I have work related stress on it my gp said my work can't make me take early ML as its discrimination. I'm really unsure :(

OP posts:
Dinosauraddict · 16/11/2019 08:00

@Gigi178 where I work, the fact that your GP has also put pregnancy on the sick certificate would be enough. Although to be fair to my work, you can also choose to take mat leave from 11 weeks early (not something I would want to do unless I was really struggling health-wise, but at least it goes both ways).

Ribenaberriesgowoo82 · 16/11/2019 08:06

@Dinosauraddict, barring giving birth, your employer can't force start your mat leave earlier than 36 weeks but you can start your mat leave as early as 29 weeks.

Pretty sure of this as their policy won't override maternity law (can't think of right word!)

Original poster
Gigi178 · 16/11/2019 08:22

I was planning starting ML at 36 weeks so I'm Only 6 weeks away. I do think they will try and force me to take it early though as I've had several issues at work however my gp said with work related stress they can't and would be stupid to... Confused

OP posts:
Teachermaths · 16/11/2019 08:25

Dinosoaraddict your company policy doesn't over ride employment law. If they forced you on mat leave at 29 weeks you have a case for tribunal.

superram · 16/11/2019 08:25

If it is a pregnancy related illness they cannot start your ml early as you are sick-not on ml. Stand your ground.

Teachermaths · 16/11/2019 08:25

Gigi they can't force you until 36 weeks. Stay signed off until then and trigger mat leave at 36 weeks.

dementedpixie · 16/11/2019 09:48

You can choose to start maternity leave at 29 weeks. Your employer cannot force you to start maternity leave until 36 weeks and only if off with a pregnancy related illness

Dinosauraddict · 16/11/2019 10:21

Honestly if that's the case, I've learned something new and that is definitely positive news, thanks!

Ribenaberriesgowoo82 · 16/11/2019 13:24

@Dinosauraddict, you're welcome! Knowledge is power, just a shame employers don't know this stuff!

Milo90 · 18/11/2019 14:28

I was in a similar situation, if your sick note with non pregnancy related illness takes you up to after baby's due date then maternity will start from when baby's born.
If your sick note is pregnancy related sickness even if its past baby's due date, your work can automatically put you on maternity 4 weeks before the due date.
Maternity law organisation confirmed.
Your work cannot force you to take maternity 11 weeks early or earlier than the 4 weeks as mentioned above

GrumpyHoonMain · 18/11/2019 15:46

They will allow it as sick leave until 36 weeks at which point your ML should trigger automatically. Don’t allow them to force you to take it earlier and call HR to make sure

MondayBlues123 · 18/11/2019 16:20

Sorry to hi-jack a bit, but is this still the case if you've already handed in your MATB1 form? I applied to start maternity leave at 30 weeks but it's possible that I might be signed off sick soon for the remainder of my pregnancy, due to complications (currently 24 weeks). If that happens and I'm off for the rest of the pregnancy, will mat leave still start at 30 weeks like I requested? Or will i be put on sick leave til 36 weeks instead?

dementedpixie · 18/11/2019 16:33

It's your choice as to when it starts. If you have told them you want to to start at 30 weeks then that's when it will start

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