Unpaid leave before maternity leave

[Newmumtobe25]

Hello all!
New mum to be here! Im really hoping someone could help me.
Im 28 weeks pregnant this coming monday. Im due to go on maternity leave end of January, using my last 3 days of annual leave just before and then to start SMP start of February.
Im physically and mentally exhausted in my 9-5, 5 days a week job, the back and pelvic pain is just getting worse. I just cannot stick it anymore.
im wondering does anyone know if I can take unpaid leave most of January and still request to start my SMP in February?
ive been told by a colleague in work that she doesn't think so, but im new to all this so just wanted to know if anyone has done this or heard of doing this before.
TIA ☺️

Obvious question is why not just start your mat leave early?
I'm sure your employer would agree even if you've not given the minimum notice of a change if you're planning to be off anyway?
If you are ill 4 weeks before due date mat leave can be triggered anyway I cant see why your employer would agree to it being unpaid or why its preferential to an earlier mat leave start date

Can't you take sick leave rather than unpaid leave and then you'd at least be getting SSP (if your employer doesn't offer company sick pay)? Your maternity leave would then be triggered at 36 weeks pregnant due to being off with a pregnancy related illness

I would be 34 weeks going on maternity at the end of January. So im already starting maternity leave earlier than normal.
i was really reluctant to do this as wanted to be off long as possible with baby, but id have to go off as can barely move with my bad back some days!
So if I was to start it earlier than February, id need to go back to work even earlier unfortunately.
This is why im wondering if i can just take unpaid leave some of January and still start maternity start of February.

Take sick leave not unpaid leave

You can ask but there's no legal right to it.

I don't understand why you are resistant to taking sick leave?

Sorry you’re having such a hard pregnancy. I would get signed off sick and then at least you’ll get whatever sick pay you’re entitled to until you go on mat leave. Hope things get easier for you.

I’m 28 weeks too! Due 2nd of march.

just get a sick note from the GP. It’ll cover you until your due to go off and you’ll get paid

Agree with PPs, speak to your GP and go onto sick rather than unpaid

You'll be better going off on the sick. Then maternity. With my second I was on the sick till 36 weeks and started maternity at 37

Thanks all, I don't really know how it works to be honest..Im just having a really difficult time at the moment.
Id need to stay there till 6th January as thats when I would qualify for SMP from employer as Ive been working there 26 weeks on that date.
If I was to get a sick note from GP and get SSP just after that date in January, the requested day I wanted maternity pay to start is 3rd February. Would this stay the same, if I go off sick?
what would happen to the annual leave days ive already booked?

Yes I agree, ssp is definitely better than just unpaid leave. Im just really nervous to do this. Ive already called in sick quite a lot since being pregnant, I think theyre just getting sick of me now. The atmosphere when im there isnt very nice, no one asks how I am or anything. Which I dont expect but sometimes it is nice to just be asked. Just horrible going into work now, especially when Im unable to much with the pain in my back im having. Which im always saying when im there and then just get huff and puffs from certain people.

You can get signed off sick but your maternity leave would then kick in 4 weeks before your due date. I think you said you would be before that when your maternity leave starts anyway so that is ok.

Also be careful you are not signed off sick the week of your qualifying week - it can effect your SMP if your sick pay is lower than your normal pay.

The other issue is if the doctor would sign you off. Mine not a chance if you do a desk job and not on your feet all day (you don't say what you do).
I managed to slug it out until 36 weeks with the odd day off sick when my PGP was extreme. My third pregnancy was really bad for pain and sickness but I was told they wouldn't sign me off unless I physically could not move out of bed or hospitalised for the sickness.

yes, SSP is less than my normal pay. I dont understand the qualifying week, how do i work this out?
Im a dental nurse so i am on my feet most
of the day.
ah really. Even of i tell GP im physically and mentally exhausted there and with the back pain im having?

Op has passed the qualifying week which is 15 weeks before the birth i.e. 25 weeks of pregnancy. It's weeks 17-25 of pregnancy that is used to calculate maternity pay so at 28 weeks she has already had pay in those weeks.

If youre off sick for a few days, without a sick note from GP during the qualifying weeks 17-25. Does this affect maternity pay ?

@Newmumtobe25 When did you start working there as SMP requires you to be employed for 26 weeks by the time you are 25 weeks pregnant I.e. you cant be pregnant before you started working there. If you don't qualify for SMP you could claim Maternity Allowance

Do they offer enhanced pay?

Someone else has commented to say you have already passed the week (I didn't remember when it was)

All you can do is ask on the sick note. You're on you feet most of the day whereas I am sat at a desk all day - also some doctors are more sympathetic than others. Mine was a flat out no I had to carry on or take maternity leave early. I was able to WFH though so managed to do a few days a week at home towards the end to cut out the commuting (for me it was driving that was a nightmare more than sitting at my desk)

Only if you got paid less when off sick

@Newmumtobe25 If you started working there and were already pregnant then you won't qualify for SMP. Your employer would need to give you an SMP1 form and then you could apply for Maternity allowance.

I started there the start of July, but did know i was pregnant. it was a few weeks after i found out i was.
january 6th is the date i would have been working there for 26 weeks to qualify for smp from employer.

OP I don’t think you’re eligible for SMP. You have to have been employed for 26 weeks by your qualifying week, which is at 25 weeks pregnant so you are already past that.

That’s not how it works for SMP, you have to have been employed for 26 weeks by the qualifying week, which is week 25.

Do you mean you will get enhanced pay from your employer?

SMP is only available if you are employed for 26 weeks by the time you are 15 weeks before your due date I.e. at 25 weeks pregnant. You don't qualify if you started work with them and were already pregnant.

Are you absolutely sure you will get SMP?
You need to look at the dates very carefully, and get the decision in writing from your employer. Generally, if you haven't had a period since starting work there (ie you are classed as pregnant before your contract starts) you are not entitled to SMP.

Are there alternative duties work could give you that would help you? E.g. if everyone has to spend an hour sitting doing a job, could you do more of that and less of the physical part of your role? Ie can accomadations be made to help keep you working (and earning).

@Newmumtobe25 Please double check the maternity policy as its likely you will need to apply for Maternity Allowance unless they offer enhanced Maternity pay