Can I be forced into starting maternity leave early?

[ReginaaPhalange]

I'm almost 26 weeks pregnant and the PGP and sciatica are crippling me! If I was to be signed off sick at any point before I finished up, could my boss make me start maternity leave earlier? I work in the nhs in a non patient facing role and do wfh at times.

Not until 36 weeks. If you take annual leave just before 36 weeks you can delay your maternity leave that way.

Yes they can but not yet. If you are signed off during the four weeks before your baby is due, your employer can start your maternity leave from then. They don’t have to and they can ignore odd days. But they have the right to.

Hypothetically, say I got to 32 weeks and was signed off due to PGP/sciatica, my boss can't turn around and say start maternity leave now, when I'm planning to start 2 weeks before due date? (Taking 3 weeks annual leave before)

No, they can not. They can only start maternity leave from 36 weeks if you are off sick with a pregnancy related condition. Sciatica wouldn't necessarily be pregnancy related (although SPD obviously is!). So I suppose it would depend what was on your sick note. You presumably will be returning from sickness at 35 weeks in time for annual leave...

No its only if you were at 36 weeks that it could be started early if you are off with a pregnancy related illness

Your employer can't trigger maternity leave due to sickness before 36 weeks. I'm not entirely sure though how it affects your holiday, I think it's up to the employer whether they let you "pause" your sick leave so that you can take holiday as planned until your mat leave start, but you have to request it and they have to approve it, if that makes sense.

Thanks all :) I don't plan on going off sick, but if this PGP doesn't ease soon, I may have to consider it.