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sickness after 30 weeks mat leave smp or sick pay

2 replies

sonnyoutlook · 10/06/2010 23:14

I have asked for 30 weeks mat leave and intend to take annual leave after this. I've have been told by HR if I go sick after my mat leave i'll only be paid smp until I reach the total of 39 wks smp! Not my intention to be sick but I like to have all relevant info just incase.

Query is if I've take annual leave does this count as returning to work? and does this mean my normal sick benefits would apply? Can I be forced to accept smp for the last 9 weeks until I reach 39weeks of smp.

hope this makes sense

OP posts:
fledtoscotland · 11/06/2010 12:25

I may be wrong but i thought you had til 34 wks before it was compulsary mat leave if off sick.

pumperspumpkin · 11/06/2010 14:38

I'm a bit confused by your post but I'm sure that's me, not you.

If you go sick with a pregancy-related problem when you are 36 weeks or more they can start your maternity leave automatically, not before that.

You cannot take annual leave whilst on maternity leave, so you need to "return" on paper in order to take annual leave (even if you never actually set foot in the office).

It's up to you when you return from leave (after the first 2 weeks after the birth) so if you say you're returning from maternity leave on such-and-such a date, but then you are sick so don't return to the office, it's sickness like any normal employee so you'll be subject to whatever the rules your company has about sick leave. Your entitlement to smp ceases as soon as you return to work.

I hope some of that has answered your point somewhere? Ask again if not.

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