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Original poster

sick pay whilst pregnant

21 replies

Boobiebalfie · 01/02/2015 21:21

Hi i am hoping someone can help this is my first post but have lurked for a long time.
I had my second miscarriage in August last year and I was given a 6 week fit note as I had an infection after my d and c I was then given further sick notes up until late November as I stated having anxiety and panic attacks due to me finding it difficult to deal with the loses.I found out in November that I was pregnant but remained of on sick leave as I have been having unexplained bleeding from th e start.my employer is now saying that they will pay up until Feb 20th then my sick pay will stop even tho my notes say pregnancy related on them.can they stop paying me?

OP posts:

dementedpixie · 01/02/2015 21:34

they can't use the absence against you for disciplinary, dismissal, redundancy reasons but they can stick to their usual sick pay rules so you would get the same sick pay as any other employee.

www.maternityaction.org.uk/wp/advice-2/mums-dads-scenarios/pregnant/sickness-during-pregnancy-and-maternity-leave/

dementedpixie · 01/02/2015 21:36

have you been off continuously since August then? How long do they say sick pay is paid for in your contract? You will get the same sick pay as anyone else. Maybe you could claim for SSP instead

lougle · 01/02/2015 21:38

You are entitled to the same sick pay as is stated in your contract. I think you're getting confused with the discrimination laws that mean that they should not count pregnancy related absences against you for disciplinary purposes.

Original poster

Boobiebalfie · 01/02/2015 21:39

Yes I have been off since August.The letter I received from work stated that I would need to claim sap through the jobcenter

OP posts:

HermioneWeasley · 01/02/2015 21:39

As demented said, they can apply normal sick pay rules to you. 6 months sick pay and no action taken between august and November for your sickness is extremely generous.

lougle · 01/02/2015 21:40

However, if your job is unsafe in pregnancy and can't be made safe, they must suspend you on full pay.

MinceSpy · 01/02/2015 21:41

Yes they can stop paying you. Do you really expect your employer just to keep on paying you whilst your off sick?

lougle · 01/02/2015 21:44

what does your fit note say? What would they need to do for you to be able to return to work?

Figster · 01/02/2015 21:44

What does your contract say?
It all comes back to the contract genuine or not it isn't an endless license for you to be on paid sick leave.

Original poster

Boobiebalfie · 01/02/2015 21:46

I don't expect full pay from my employer for being off sick i am unable to work due to a complicated pregnancy I thought that I would be entitled to SSP until i am able to return to work.The letter came as a shock and I was just trying to find out if no pay like work are saying is correct.

OP posts:

dementedpixie · 01/02/2015 21:48

were you on company sick pay or statutory sick pay? Statutory sick pay is only paid for 28 weeks. Company sick pay would be detailed in your contract

Original poster

Boobiebalfie · 01/02/2015 21:50

I was on company sick pay

OP posts:

PenguinsandtheTantrumofDoom · 01/02/2015 21:55

Company sick pay normally includes an element of SSP. Company sick pay just tops up SSP to full pay or half pay. It doesn't mean you aren't getting SSP - take a look at your pay slips as it should be itemised.

If you have been off sick since August, it sounds like you've exhausted your SSP entitlement.

Sorry to hear of your losses.

Viviennemary · 01/02/2015 21:57

The rules have changed. Your company was obliged to pay you at the minimum the statutory sick pay. But they paid you in full. So now they've stopped paying you it doesn't seem that you can claim any more than the 28 weeks you've already been paid. But you should check your contract of employment.

Viviennemary · 01/02/2015 21:57

That should be can't claim. Sorry. You could always check up by contacting the Citizens Advice Bureau to see what they say.

dementedpixie · 01/02/2015 22:00

Is it ESA they have told you to apply for now?

www.gov.uk/employment-support-allowance

lougle · 01/02/2015 22:03

You can claim ESA if there is a serious risk to either you or your baby if you continue working.

dementedpixie · 01/02/2015 22:08

ESA also seems to be paid (if eligible) when SSP ends

Original poster

Boobiebalfie · 01/02/2015 22:13

Thanks for all the advice,it seems that I won't be getting any further pay until I return to work in a few weeks

OP posts:

Rockchick1984 · 02/02/2015 02:16

Just be aware that depending on timings etc your absences may impact on your maternity pay as well, if you receive no pay between weeks 17 and 25 of your pregnancy.

I'm sorry for your losses.

MinceSpy · 02/02/2015 07:40

Boobie ssp is only for 28 weeks, companies that offer enhanced sick pay run their schemes along side the ssp. If your still not well enough to work you need to apply for esa. If your fitness certificate says you can do light duties then your employer needs to work with you to achieve that.

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