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Confused about sick leave/annual leave and mat leave. HELP

6 replies

lisad123 · 26/06/2007 16:10

Im currently 26 weeks pregnant and signed off sick due to SPD. I have spoken to HR today and they have said my pay will go down to half pay on 22nd Aug. I didnt want to start my Mat leave till end of Sept. Howveer I have 5 weeks Annual leave to use up too.

So can I use my Annual leave even though I am on sick leave? I dont want to drop to half pay that soon, and would rather take Annual leave for 5 weeks from 22nd Aug and then start Mat leave as planned at end of sept.

I hope that makes sense.
lisa

OP posts:
BrummieMomInMerthyr · 26/06/2007 16:20

I THINK maternity leave if you are signed off sick doesn't start until week 29, so really you should be entitled to take your annual leave/sick leave before your maternity leave starts. HTH

lisad123 · 26/06/2007 16:28

The rules are different in our company (I think they might have changes everywhere but could be wrong) they cant force you to start mat leave till 36 weeks
L

OP posts:
ruth2007 · 26/06/2007 18:19

I can't see any reasonable employer denying you what you want but in reality if you are sick then it is the sick leave rules that apply. You are right that if you are off due to Pregnancy related illness there comes a point where your mat leave will have to start - 11 weeks b4 you are due I think (you may want to check as I am out of touch a bit now).

I suggest you write a nice letter explaining your situation and requesting annual leave. If not will they pay you your unused Hol allowance?

HTH

lisad123 · 26/06/2007 19:15

They can start my mat leave at 36 weeks now, instead of 29 which is good. If I dont take my AL this time I have to tag it on the end of my materity leave in june next year, which i dont want to do. Im not going back to work so would rather know im all upto date
I will try and get in to see my boss tomorrow.
Thanks

OP posts:
BetsyBoop · 26/06/2007 21:33

check your company policy

mine does not allow you to substitute a/l for sick leave - the only way you can do it is to get sign off as fit to work by your doctor (this is for any sickness, not just if you are pregnant)

the law has changed now - your company is not allowed to start m/l until 36wks if you are off sick for a pregnancy related reason.

RibenaBerry · 26/06/2007 22:03

I agree with Betsy about being signed fit to work BUT a fair number of employers will turn a blind eye. A colleague of mine had the exact same issue (and health complication) as you did. She just told them that she'd been signed off sick for x weeks (think it was two) and submitted a holiday form to dovetail with the end. She then just let her sick note expire (i.e. didn't bother getting signed fit to work, because she wasn't!), but because they knew she wasn't working anyway (so no health and safety concerns) work just let it be and she went off on 'holiday' for the last few weeks.

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