We own and run a small business with eighteen employees. We only pay stat maternity and sick pay as we are in a business that requires strict staffing numbers (children's daycare nursery) and therefore have to pay temporary staff to cover any absence. We also have only women employees at the moment and three of them are currently on maternity leave. This illustrates why we cannot be more generous.
One of our pregnant employees has been on long term pregnancy-related sick leave (twin pg with intermittent bleeding). She had wanted to come back to work but her doctor would not give written permission that it was safe for her to do so. We do not have any 'light duties' as such and although we could make sure she avoided repeated heavy activities or lifting ( nappy changes, etc) we would need her to be able to quickly lift or handle a toddler in the event of an iminent accident or emergency. This was the sticking point and so she was signed off by her doctor for most of her pregnancy.
She has now started her mat leave and we've realised that as stat mat pay is six weeks pay at 90% of average earnings for the last 8 weeks before mat leave started she will only qualify for mat benefit as she has been paid below the NI threshold whilst on sick pay.
We feel desperately sorry for her, especially as she had been so willing to come back to work. We cannot pay her anything ourselves as we will then set a precedent and are liable to end up being sued in a tribunal in the future if we don't do the same for the next person this happens to.
Has anyone else had any experience of/got any knowledge of this rule? It seems unfair that a person who is genuinely unable to work due to pregnancy, loses their mat pay.