Question about mat leave and getting signed off

[matleavequestion]

Posting for advice.

I’m currently 31 weeks. I thought I’d work until 37 weeks and then take annual leave for 2 weeks, beginning mat leave at 39 weeks.

I’m finding work really difficult due to PGP and want to see if I can leave earlier. Work are not the most understanding and I have found pregnancy stressful so could really do with the time to relax, physically and mentally. The GP would probably sign me off due to the hip pain as it’s painful to commute in. I know maternity leave would automatically start at 36 weeks if I was still on sick at that point.

My question is, could I return to work from sick at 35+6 and then take annual leave from there? (They will let me take leave when I want, but it's more a question of is it possible to be off sick and then let annual leave kick in)

Or is that cheeky/impossible?

In theory it’s possible.

Would it reflect badly do you think

What other option is there?

Stay at work as planned

Get signed off to 36 weeks and start mat leave from there (in which case I’d just carry over more holiday, so wouldn’t make more than a couple of weeks difference to my return to work).

Do you need to decide right now if you need 5 weeks paid sick leave?
Could you not just self certify as sick for the next week and then see how you go, getting a fit note from your GP as needed?

Book the annual leave now in advance - then they can't make you take it as sick / maternity leave and if you happen to be ill just before then that's just unfortunate.

So at my work if I go off sick with anything pregnancy related from 30 weeks they can start my maternity leave for me ( not ideal because it means going back sooner!)
I would check your policy.

can you not wfh? They should have done a pregnancy risk assessment and given you reasonable adjustments?

That’s not legal.

I can WFH, but not full time.

Thank you, good idea.

I could do this definitely

At my work if you go off sick with anything pregnancy related within 4 weeks or less of when you are due they automatically start your maternity leave. So definitely check to make sure there’s nothing like that in place at your work.

This is also law. It’s how SMP rules work.

I guess my main question id ask myself is whether I can afford to be on sick pay for so long right before maternity leave (for me, even though my partner has a very good salary and is obviously supporting us all throughout, I’m still saving hard now until mat leave anyway for extra cushion)?

Would be entitled to full sick pay

Full pay? Or statutory sick pay which is about £180 a week?

Personally I think it would look pretty suspect to sign yourself off until 35+6 (the day before maternity leave would automatically be triggered) and then take annual leave. I wouldn’t feel happy doing it to my place of work and it would make me feel a bit anxious about returning to work too. But it’s a personal choice.

Yes. Why not. Don’t bother yourself with “how it looks”. Put yourself first, businesses certainly won’t.

Look at any adjustments work can make to enable you to keep working. This could be in conjunction with the GP. Also, check the policies on pregnancy/sick pay etc.
If they won't make reasonable adjustments etc, then possibly get some advice from somewhere like pregnant then screwed, or a Union (if you belong to one - if not join one). Acas are another avenue to try www.acas.org.uk/managing-your-employees-maternity-leave-and-pay/if-theyre-ill-or-having-a-difficult-pregnancy
But you may then have to use annual leave/be signed off sick, as they are not enabling you to work.
Keep notes of all conversations/do everything by email so you have a record should you need it later on.

If you're off sick when you reach 36 weeks and automatically roll onto Maternity Leave, would you be able to roll your annual leave over to the leave year that will be in force when you return?

I was in your position and could roll my leave over. I was off sick from 32-36 weeks, then maternity leave and then I took the annual leave I had planned for 37-39 weeks at the other end.

Has to be pregnancy related sickness at 36 weeks for maternity leave to start. It wouldn’t for eg a broken leg.

I think you might be over complicating things?

Rather than trying to shoehorn annual leave into the middle of sick leave and mat leave I would just either take annual leave first, then sick leave then mat leave or if I could carry annual leave over to next year I would take sick leave, mat leave then annual leave at end of mat leave.

But after 9 months or so of mat leave you might be keen to return to work and not really bothered about the two weeks anyway and can just talk to work about using your accrued annual leave for a phased return?

When was your pregnancy risk assessment last reviewed with your employer? It should be monthly now. If pain is making it hard to commute, they should be considering if reasonable adjustments - such as a higher percentage or 100% home working. I would go down that route first before considering going off super early, as you are otherwise losing time with baby and your earnings will reduce sooner.

That’s not how PGP works - it gets progressively worse as the pregnancy goes on.

It can do but it doesn't always, and some work may be manageable with a fit note for amended duties eg shorter working hours, less commuting and some working from home, more frequent breaks etc.
Work doesn't have to be an all or nothing situation, pregnant women have legal rights to reasonable adjustments