Maternity leave and being signed off?

[kickingking]

Does anyone know about being signed off sick while pregnant and employers making you start your ML?

To outline my situation, I would like to start my ML at 34 weeks (baby will be delivered by 38 weeks, possibly sooner) but given that this is a high risk pregnancy, it is more likely than average that I could be signed off before 34 weeks.

If that was to happen, is it correct that I cannot be forced to start ML before 34 weeks (as in, when I planned to start anyway)?

And does sick leave affect contractual maternity pay? Somebody told me that it can, as it can be said you weren't actually working or something?

It's 4 weeks prior to due date (as in actual due date, not the date section or induction is booked for) they can force you to start maternity leave, not earlier than that.

Your SMP will be calculated on your average earnings during qualifying period, so if you had been on statutuory sick pay during this period SMP would be affected.

I'm afraid that you can be made to start mat leave early if you are signed off with pregnancy related sickness. It happened to me- planned to work until about 36 weeks, DS had other ideas and had to be delivered much earlier. I had to take mat leave from the first day I was off (not the day he was born).

I don't know the answer to your other question, I'm sure someone will.

It depends what your contract says.

If you work for the NHS, you can't be made to take mat leave until 36/40, but it will depends on who you work for and what your contract says.

Sick pay can affect mat pay if you are off for the weeks that make a difference to your pay. I think mat pay is calculated from what you earned between week 15 and week 25, so if you were on SSP then, mat pay would be lower later on.

Is the qualifying period worked out over a period of time before the qualifying week? Isn't the qualifying week about 26 weeks pregnant?

Oh, I see somebody had told me it's worked out from 15 to 25 weeks. God, I hope I don't need to take any time off in the next ten weeks then!

No employer can force you to start maternity leave earlier than 36 weeks, unless baby actually arrives. If you're off sick with pregnancy-related symptoms from 36 weeks your mat leave will start.

Whether contractual mat pay is affected will depend on how the employer calculates it and what their rules are.

In terms of statutory maternity pay, it's worked out based on averages earnings between weeks 17 and 25 of your pregnancy, so if your earnings are reduced because of sickness during that time, then yes it will be affected.

I'm a teacher and would be on full pay if I were signed off sick - does that count as earnings? Or as occupational sick pay or something?

Obviously, I'm hoping I won't be signed off but need to prepare for the possibility.

While I wouldn't normally correct flowery, I am assured by an Occupational Health doctor that contracts CAN and do state that maternity leave can be made to start before 36 weeks. You'll need to check with your HR dept/Maternity Policy etc.

It doesn't matter what your earnings are called during the qualified weeks. It is just calculated on how much you have earned those weeks.

What mj said - I wouldn't take a doctor as being the last word on employment law tbh.

A doctor who is a Consultant in Occupational Health and therefore an expert in employment law as it relates to health?!

Sounds like you don't know what Occupational Health is! (That's not unusual in HR departments, to be fair.)

Oh well, I would still advise the OP to check her contract and HR dept, rather than rely on 'what ifs' from the internet.

bartlet you are wrong and acting like a prat

Occupational health are there to look after employees' health and wellbeing. They are not expected to be experts in employment law... that is what HR are for.

We all stick to our own areas of expertise because the law keeps changing and medical advice and practice keeps changing and each person needs to know their own area inside out and be on the ball.

Until Occupational Health get qualified in employment law I would think it best to listen to an expert in employment law.

Yes strangely enough as an HR Consultant I work with OH specialists on a regular basis so do have a reasonable idea of their area of expertise. None of the excellent individuals I have worked with would claim to be an expert in employment law.

I couldn't give a monkeys whether anyone believes me in particular or believes that I am qualified and experienced enough in my field to be able to advise on basic level maternity rights, although it's very easy to check who I am and what those credentials are.

What does concern me is that women reading this thread don't go away thinking their employer is entitled to decide when to force them to start their maternity leave.

However I'm sure that people reading this thread will make a sensible judgement about the relevant expertise of those on it, and together with looking at the Equality Human Rights and Directgov links provided by mj, will feel confident asserting their right to choose when they take their maternity leave and to resist any attempts by their employer to force them to start earlier than 36 weeks if they are off sick with pg-related symptoms.

I was off sick for a month around 18 weeks and then fully from about 26 weeks with DS3 and had already stated I wanted to start Maternity Leave from 34 weeks. I work in NHS and was on full pay when off sick. My Mat Leave started at 34 weeks as agreed and was based on my full pay - it showed on my payslip as just normal pay details when I was sick. If you get full pay for any sick period then hopefully it shouldn't affect your Mat Pay - fingers crossed.

Good luck with your pregnancy.