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Original poster

Maternity leave but off sick- when does smp start?

22 replies

Luckz66 · 05/12/2018 07:08

I’m almost 33 weeks pregnant and been off work in this pregnant on and off for one reason or another. I’m currently being monitored for pre eclampsia and having a growth scan every week.
I’m a teacher and have the most challenging of pupils...
My due date is 24/1/19 but my maternity leave starts 7/1/19. I am currently off work but due to go back next week, but the way I’m feeling I was hoping for dr to extend it so I didn’t have to go back.
Can they make me take my maternity 4 weeks before due date or 4 weeks before I’m actually due to start maternity leave?
Many thanks x

OP posts:
PoutySprout · 05/12/2018 07:13

4 weeks before your due date.

dementedpixie · 05/12/2018 07:17

It's from around 36 weeks, so 4 weeks before your due date.

Original poster
Luckz66 · 05/12/2018 07:56

I’m just stressing cause I break up from work on 21/12 and I really don’t want to go back... would rather just stay off now

OP posts:
dementedpixie · 05/12/2018 08:03

Ask to get signed off then or liaise with your employer to see if you can start your leave early. Normally need 28 days notice to change the start date but maybe they will be accommodating

StealthPolarBear · 05/12/2018 08:07

You can start your leave earlier if you want to

PoutySprout · 05/12/2018 08:08

I don’t think she wants to start mat leave early.

StealthPolarBear · 05/12/2018 08:10

I thought she wanted to finish for Christmas and not go back? Apologies if I've misunderstood

PoutySprout · 05/12/2018 08:10

I’m guessing she wants to go sick till 21/12, then school hols till 7/1 which would work. You’d need to be signed back for work the first day of the school hols to not be forced into mat leave on 28/12

dementedpixie · 05/12/2018 08:11

She does. She's just said she wants to go off on 21st December and not go back

I’m just stressing cause I break up from work on 21/12 and I really don’t want to go back... would rather just stay off now

dementedpixie · 05/12/2018 08:12

Or maybe it's the other way. Please clarify OP

dementedpixie · 05/12/2018 08:14

Are you wanting to go back in January or not? Your sick leave could be extended until 21/12 and you go back in January or you could ask to change your start date and not go back at all

PoutySprout · 05/12/2018 08:15

Can they make me take my maternity 4 weeks before due date or 4 weeks before I’m actually due to start maternity leave?

the way I’m feeling I was hoping for dr to extend it so I didn’t have to go back.

I read this that she didn’t want to be forced to start mat leave early.

She wants to maximise sick leave and mat leave seems to be times to start on first day of spring term.

If she’s signed off as sick on 28/12 mat leave will kick in. She just needs to be signed for for work from 22/12 and mat leave can start on 7/1 as she wants.

It’s a fiddle.

Original poster
Luckz66 · 05/12/2018 08:34

Because I had pre eclampsia in my previous pregnancy and I have high bp at the mo and on medication to try and lower it the doctor has advised I stay off work.
I work with high risk students and due to the nature of my job I’d rather stay off now until 21/12 and for my maternity leave to start 7/1, this would enable me to stay off now.
As you mentioned how to I ensure I’m signed back to go into work after 22/12 as the school I work at closes 21/12.

OP posts:
dementedpixie · 05/12/2018 09:17

Could you go in on the last day? It's normally shorter and wouldn't be doung much work.

PoutySprout · 05/12/2018 09:49

You just need a fit note that says you will be fit to return on 22nd. You don’t physically need to go back.

Rarfy · 05/12/2018 09:58

I work in higher education our policy is four weeks before due date you will be put on maternity leave.

If you're not feeling good do what is best for you and baby.

Rarfy · 05/12/2018 10:04

As others have said you would either need to return to work for a day or have a fit note saying you would be returning on the first day of the hols for them to let you have the two weeks christmas holidays as normal pay rather than maternity.

I researched this as a similar situation. My workplace closes 21st and reopens 2nd Jan. My due date is 29th Jan but i was always getting induced 2wks early. Now looking at section 3wks early. My official maternity leave starts 2nd Jan so i can have the holidays as full pay.

If i went off sick, because due date is actually 29 Jan my maternity leave would kick in four weeks early so 1st Jan. Ive got lucky if i need sick leave but hoping not to use it.

Original poster
Luckz66 · 05/12/2018 15:46

I don’t work Fridays so if I get a sick note dated til 20th which is the Thursday... would that cover me?

OP posts:
MadameJosephine · 05/12/2018 15:54

As it’s not a sick note these days it’s a fit note your employer may actually ask for a note from your doctor to declare you fit for work which it sounds like you are not so legally I think you’ll need to start your statutory maternity leave at 36 weeks

PoutySprout · 05/12/2018 16:25

^wrong

Original poster
Luckz66 · 05/12/2018 23:56

Ill see if I can get a note to cover me for the last two weeks

OP posts:
Rarfy · 06/12/2018 05:52

I do think you still have to submit a 'fit' note to say you would have been returning at the end of the sick leave. Just so you know. Your gp will confirm.

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