Sick pay after maternity leave - confused!

[missymoo83]

Hi there, I'm in a bit of a confusing situation and really need some help...I am being paid Statutory Maternity Pay for 39 weeks, and had been planning to go back to work after 52 weeks including the additional unpaid 13 weeks. I have been ill since a few weeks after the baby was born (possibly connected to pregnancy/birth, possibly not) and no-one, including my consultant, knows how long it will be until I'm recovered. My employer thinks I'm planning to go back after 39 weeks at the end of January but I don't think I'll be better by then (and, as I say, I had actually been hoping to take the extra 3 months). My work only pays staturory for both maternity and sick pay.

My questions are: Can I take the additional unpaid maternity leave and then claim Statutory Sick Pay (SSP) after the 52 weeks? I have read that you have to have been earning a certain amount in the previous weeks to qualify for SSP and obviously I would have been on nothing for 13 weeks. Otherwise, would I be able to get SSP if I "went back" after the 39 weeks?

Hard to know what to do as, if I go back after 39 weeks on sick leave and then recover before 52 weeks, I will obviously have to start work as soon as I am better, when really I would like some time with the baby without being ill! But I don't want to jeopardize being able to claim SSP if I end up still ill after 52 weeks!

Sorry, all a bit complicated - like life ;) Everything written about it online is so confusing. I'd be really grateful if anyone has any experience with this sort of thing :) Thank you!

I'm now on sick after 39 weeks but its occupational sick pay rather than SSP as my employer has said I'm not fit.
So I've no idea about SSP but hopefully this will bump for you

See page 2 it's a bit ambiguous but appears that unless you have been paid minimum £109 per week for previous 8 weeks you wouldn't qualify for SSP, so you would get it at the end of the 39 weeks but not the next 13 weeks. You could potentially qualify for ESA but that's a lower rate than SSP. Sounds harsh but I think you need to work out how badly you would suffer if you couldn't claim anything if still unwell, and if you can afford to take the time unpaid

Thanks Weknowwhoyouare and Rockchick1984 for your advice. It does look like I should get SSP after 39 weeks but not after 52. Although I'm not sure what the article means about not being entitled to SSP if the period of sickness began during the 39 weeks. It says you should call in sick immediately after the 39 weeks and not during... My boss already knows I'm sick, so does that mean I won't be entitled to SSP even after 39 weeks?! Seems crazy!

I work for a small company, just me and my boss, looks like in order to claim SSP I should have said nothing to her about being ill until the day I was due to go back?! That would really leave her up the creek. All seems a bit unfair, on top of the unfairness of being ill :( I don't get it...