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Can I delay going back to work by going on sick leave?

25 replies

ruthymum · 06/05/2009 20:32

Hi there, does anyone know if i am able to stay longer off work by going on sick leave before actually going back to work, and if so does this mean that I would be intitled to sick pay instead of staying on SMP?
Many thanks
from a wana be stay at home mum.xx

OP posts:
janeite · 06/05/2009 20:34

Are you sick?

FluffyBunnyGoneBad · 06/05/2009 20:35

sorry, it's called fraud to go on the sick rather then go back to work. Can't you extend your maternity leave?

JamieJay · 06/05/2009 20:35

I don't know the answer to this one, but I'm sorry - to go on the sick just to stay at home longer, if you're not ill is just taking the mic and is unfair on your work colleagues.

I can only imagine how hard it would be to leave your baby but this approach is very unfair.

Lilyloo · 06/05/2009 20:36

so you can be a stay at home mum ?
or are you genuinely sick ??

bigchris · 06/05/2009 20:38

well yes I guess if your diagnosed with pnd then the gp would give you a sicknote

georgimama · 06/05/2009 20:39

If you're not sick, no. Are you planning on getting paid by your employer for this fake period of sick leave? Or just by our taxes?

You are entitled to 13 weeks (unpaid) parental leave between birth and your child reaching age 5, why not just ask to tack some of that onto your ML?

Lubyloo · 06/05/2009 20:42

What's wrong with you?

LackaDAISYcal · 06/05/2009 20:42

If you are sick, then yes, but if not sick, no and would be unsure of the legalities of it.

I did this last year, but I was genuinely ill with PND/AND and under the care of the local Mother and Baby unit as I was pregnant again. I got paid company sick pay and then went onto SSP prior to starting my second maternity leave.

For various reasons I will not be going back to work after this maternity leave is up so will be handing in my notice before the end of my leave. I'm still being treated for depression but felt it was unfair on my employer to keep them hanging indefinately.

FigmentOfYourImagination · 06/05/2009 20:44

Yes, but only if you are actually sick. Not just putting it on so you get more cash and another month or so on the sofa in front of the Teletubbies.

flowerybeanbag · 07/05/2009 08:48

'Going on sick leave' isn't a tactical decision to enable you to stay at home longer. If you are due back to work and your doctor doesn't think you are fit for work, then he or she will sign you off. If you are fit for work, then you are not on sick leave. Are you fit for work or not?

If your SMP hasn't run out yet then you have another 3 months of maternity leave you can take, plus you will have accrued holiday during your maternity leave or could take parental leave as well.

MrsMattie · 07/05/2009 08:53

Why don't you leave your job if you want to be a stay at home mum? Seriously, it's just delaying the inevitable to go on sick leave - either you go back to work, or you start making some plans that will enable you to stay at home. How flexible are your work? Would they consider a flexible / part time/working from home request?

MrsMattie · 07/05/2009 08:53

Btw, ruthy, you are not the first woman to think of this, I'm sure , so don't feel too bad. Just don't do it. It won't do you any favours in the long term.

theyoungvisiter · 07/05/2009 09:00

but assuming you ARE sick, it's an interesting question.

I mean say I was on SMP and not intending to go back to work for another 6 months and something cropped up healthwise that, had I been working, I would normally have been signed off for, would I be entitled to "return" to work, but in actuality just go back on the pay roll and stay home?

Would your employer have any control over saying no, we'd prefer you to stay off until you are well?

(Not that I have any intention of doing this and I am disgustingly healthy, but quite an interesting question)

flowerybeanbag · 07/05/2009 09:04

No you wouldn't be able to do that tyv. If you want to change/bring forward the day you are due to come back to work you need to give 8 weeks notice. So if for example you were due back to work in July, and came down with, I don't know, swine flu now, you couldn't be off sick because you were not supposed to be at work anyway.

mrsjammi · 07/05/2009 09:04

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theyoungvisiter · 07/05/2009 09:09

but if it was something longterm flowery, like, I dunno, glandular fever or depression? (trying to think what might keep people off for more than 8 weeks!)

Or possibly something that you could predict, like an operation halfway through your mat leave that would leave you convalescent for a significant period?

KristinaM · 07/05/2009 09:12

why dont you ask for a career break?

flowerybeanbag · 07/05/2009 09:17

Well yes, if it was something that was still keeping you off 8 weeks later, then at that point you could go on sick leave, yep. And I guess technically if you knew that you were going to have an operation at a set time, you could arrange the date you were due to go back to work to coincide with it yes.

mrsjammi · 07/05/2009 09:18

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Message withdrawn

flowerybeanbag · 07/05/2009 09:29

Is it really an issue where you are mrsjammi? I have to say I don't think I've come across women not coming back on the arranged date because of being off sick very often at all. What kind of illness are people managing to get doctors to sign them off for?

ramonaquimby · 07/05/2009 09:32

pnd?

mrsjammi · 07/05/2009 09:38

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flowerybeanbag · 07/05/2009 09:45

if people are faking PND, that's awful.

mrsjammi · 07/05/2009 09:48

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jellybeans · 07/05/2009 09:50

Is there any way you could be a SAHM if you want to so badly? I sympathise, hated leaving DD1 f/t nursery, I became a SAHM. If you don't feel able to go back, don't.

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