sick note from 31weeks

[allenbee]

Hello all just wanting some advice, and if im reading this right!
so im due to go on maternity leave at 38w, i have annual leave left still to take so due to finish work at 35w4d on annual leave which goes up to my mat leave starting at 38w.
however im really struggling now. My back is so painful, i have so much pressure on my hips and my sickness from 1st tri is returning. Iv spoke to my doc who said he can do me a sick note.

The maternity policy at work states : ' In cases where pregnancy related
sickness occurs after the beginning of the fourth week before the expected week of childbirth
(EWC) maternity leave will start automatically from the first day of absence'

If i go on sick at 31w to go up to 35w4d (where my annual leave start), am i right in thinking they can not start my mat leave automatically because come 36w ill be on annual leave and not on sick ?

Hi, I'm definitely not the best person to answer this, but surely as the sick note is not starting within four weeks before expected birth date (36 weeks) then you're fine?

This is what i think too, but i just wanted to double check i wasnt being stupid !
Sick note would run from 31w to 35w4d
35w4d annual leave starts
38w mat leave starts

I would rather struggle on then my mat leave start earlier then what i have planned for, so dont want to jump for it without being sure it wont screw me over ! I could really do with the rest !

I would just double check your dates on a calendar, as it is 4 weeks before the expected week of childbirth rather than the due date.

Your expected week of childbirth begins the Sunday before your due date so it may make a difference.

Ohhhhh, okay. I didnt know there was difference so thankyou for explaining this.
So iv just checked im due 6/1/22 so the expected week of childbirth is sunday 2/1/22 so 4 weeks before 2/1/22 is 5/12/21.
My annual leave starts 6/12/21 which is a monday so i could ask the doc to sign my sick note off to finish on friday 3/12/21 ?

Right ?!

Yes that’s right!

Only thing you need to be careful of is if your employer asked for the doctor to confirm you're fit to 'return to work' at 36 weeks.

Even if you're not actually returning to work, your employer might need this note for their files, and you're doctor might refuse to write it. My previous employers required this note for any absence longer than 2 weeks.