Can I return from maternity leave and be on sick leave?

[canmummy]

I'm due back at work in 3 weeks but unfortunately I had an (unplanned) operation this week so have got a sick note for the next 6 weeks. The thing is my full year's maternity leave isn't up yet but I'm on the unpaid bit so really need the money. Any ideas?

Yes you can, but it depends how long you've been on the unpaid bit as to whether or not you will qualify for Statutory Sick Pay. They take your average pay, based on what you were earning 56 days before you went sick. So, if your average then was less than the LEL (£87), you won't qualify.

Whether or not you will get company sick pay depends entirely on what it says in your contract.

Of course, once you are 'back' from maternity leave but on sick leave, you can't change your mind and go back to maternity leave.

That does not make much sense. I'll try and explain better. You say that your full year's maternity leave is not up yet. If, after your six sick weeks you think, "actually, I would like more time with DC", you cannot go back onto maternity leave. You will have to go back to work (unless you're signed off sick again, obviously).

If you get contractual sick pay, it shouldn't be changed by the fact that you've been on maternity leave- if your work pays, say, up to 8 weeks full pay, you should get the same rules, even if the sick is tagged onto the end of maternity leave.

Thanks for that. Am ringing them tomorrow with the unfortunate news (only called in last week to set up my coming back!)

I need to go back in September because I've arranged childcare to start then and for 3 kids that ain't cheap!

My employers are quite stingy on things like this - ie I only got SMP no extra company pay so keeping my fingers crossed for getting some paid sick leave.