Maternity leave and company sick pay

[Ellypoo]

Our company currently pay a certain number of days company sick pay/year (this is 'up to x days at co discretion') and SSP after that.
If someone is returning from mat leave part way through their leave year, would it be ok for the company to pro-rata that sick leave to the period when they had returned from mat leave to the end of their leave year so they got fewer days paid sick leave?

There'll be someone much more knowledgeable along soon but I don't think so. I believe all benefits still accrue while you're on ML.

No.

But if it's an "up to" and is genuinely discretionary (ie not automatically paid to everyone), does it matter? Is it an actual specified year or a rolling year?

Aah, it says 'You will be paid your normal basic remuneration up to a maximum of x working days in total in any rolling 12 month period, such period being in line with employee’s annual leave year or such other period(s) as the company in its sole and absolute discretion may decide.'

It is pro rated for part time staff if that makes any difference. Does that mean it could be the full 'allowance' but starting from when the maternity leave ends rather than the holiday year?

Rolling year usually means no more than (eg) 10 days in any 12 month period, which means when someone is off sick, they'll look at the previous 12 months and if paying them would take them over the (say) 10 days in the 12 months, they wouldn't get paid. So effectively it is x amount in the 12 months up to and including the last day of the sickness period in question.

Ok, thanks Flowery