can I go on sick leave with maternity related sickness after 39 weeks

[littlesqualker]

I am unable to go back to work, i have a maternity related illness and I cannot afford to take additional maternity leave. We are already struggling financially. Because my illness is maternity related will I be made to take additional maternity leave or will i still be entitled to statutory maternity pay after my 39 weeks?

No sorry, if you are off sick with a pregnancy related illness in the last 4 weeks of your pregnancy your maternity leave automatically starts.

Have you had your baby? Is your illness a post natal one?

If so then your maternity pay ends after 39 weeks and you either go on sick pay or unpaid extra leave.

You can return from maternity leave whenever you want up to the 52 weeks, provided you have given your employer at least 8 weeks' notice of your intention to return. You would then need to follow your normal sickness procedure. SMP is not payable after 39 weeks' maternity leave in any situation, but you may be eligible for Statutory Sick Pay if you return to work and go off sick.

You will be eligible for any Occupational Sick Pay. One thing to consider is that while on mat leave you have certain protection e.g. against dismissal for reasons related to pregnancy. If you return to work and are off sick you have no more protection than anyone else.

sorry I meant to say would I be entitled to stat sick pay after 39 weeks, my condition is a post natal.

It says here that you are eligible for SSP if your earnings in the 8 weeks leading up to your sick leave starting have been at least £97 a week.

By my calculations you would therefore get SSP if you had been receiving SMP for at least 7 of the 8 weeks leading up to the start of your sick leave, so you would have to start sick leave by week 40 of your mat leave. This is because you stop receiving SMP after week 39 of mat leave.

You should still get occupational sick pay either way though.

How long have you been on mat leave?

Hi thank you, seems like I would be entitled to ssp, I have been on maternity leave for 34 weeks.