Being Signed of sick

Discussion in 'Pregnancy - Third Trimester' started by Lawa, Jun 5, 2011.

  1. Lawa

    Lawa Well-Known Member

    Joined:
    Aug 11, 2009
    Messages:
    1,616
    Likes Received:
    0
    Hi ladies I hope you can help me. My last day of work is the 24th of June. So 3 weeks from now. I then have 5 weeks of Holiday booked before my EDD on the 30th of July.

    I am struggling with work now and was going to get signed of for two weeks by the docters and then I have 4 days holiday left to take in my final week at work.

    I have heard that if you are of ill they can force you to start your mat leave early is this true?
     
  2. ChocolateKate

    ChocolateKate Well-Known Member

    Joined:
    Jan 19, 2011
    Messages:
    660
    Likes Received:
    0
    Sorry to hear you're not feeling well. My understanding is that if you are sick in the last four weeks before your EDD, your employer has the right to start your maternity leave from the day you are off. There is definitely info on this on the direct gov website.

    You should be okay if you're on holiday for 5 weeks and this shouldn't affect anything. Is there an occupational health person at your place of work you can talk to in the first instance to see of they can make work more comfortable for you? I'm still being sick and am fortunate to be able to work from home when I have really bad days. X
     
  3. doddy0402

    doddy0402 Mummy to 3!

    Joined:
    Jul 29, 2009
    Messages:
    1,543
    Likes Received:
    101
  4. caz_hills

    caz_hills Well-Known Member

    Joined:
    Nov 13, 2010
    Messages:
    5,145
    Likes Received:
    0
    Him I have heard the same that they can enforce early maternity leave if you're not well but worth checking with your HR dept or manager probably. It might just be for pregnancy reasons or might not be - not sure of the policies and what is company specific - but worth asking hun.

    Hope you feel better soon. x
     
  5. Lawa

    Lawa Well-Known Member

    Joined:
    Aug 11, 2009
    Messages:
    1,616
    Likes Received:
    0
    Hey ladies my work have been great I am a sales rep and work from home its the fetting in and out of the car all the time!

    Plus I am in the hospital every 48 hours due to babys movements and I am getting quite stressed with the whole thing hospital / work / home getting everything ready combination! I am also facing being induced at 37 weeks due to her lack of movement!

    I looked at direct gov and it said four weeks from EDD then my midwife told me it was anything after 29 weeks so I was a bit clueless!
     
  6. ChocolateKate

    ChocolateKate Well-Known Member

    Joined:
    Jan 19, 2011
    Messages:
    660
    Likes Received:
    0
    Oh no! I'm sure I read four weeks before. Could your midwife be confusing it for when you can start to claim SMP/maternity allowance (which is 29 weeks)?

    Have a look at your work policy and schedule a meeting with your boss would be my advice. Bless you I hope you get to have some well-deserved rest. X
     
  7. doddy0402

    doddy0402 Mummy to 3!

    Joined:
    Jul 29, 2009
    Messages:
    1,543
    Likes Received:
    101
    You can take your maternity leave from 29weeks if your WANT to but I haven't heard them being able to force you to take it that early. Definitely check with your hr dept.xx
     
  8. Stef

    Stef Mummy to Olivia & PG #2

    Joined:
    Jan 23, 2007
    Messages:
    6,321
    Likes Received:
    0
    If your off sick 4 weeks before your EDD then yes your maternity leave will start then, its written in my maternity pack from work.

    I have coped this from https://www.direct.gov.uk/en/Parent...ilies/Pregnancyandmaternityrights/DG_10039631

    'Starting your Statutory Maternity Leave
    You can start your Statutory Maternity Leave any time from 11 weeks before the beginning of the week when your baby's due.
    If you are off work because of your pregnancy within four weeks of the expected birth date, your employer can make you start your Statutory Maternity Leave then.'
     
  9. Newt

    Newt tiny amphibious salamanda

    Joined:
    Nov 14, 2007
    Messages:
    3,519
    Likes Received:
    0
    after 36 weeks they can but you can start mat leave from 29 if you want to
     
  10. kandbumpx

    kandbumpx Well-Known Member

    Joined:
    Apr 27, 2011
    Messages:
    3,423
    Likes Received:
    0
    I got signed off sick early too was meant to have 2 weeks holiday at 36 weeks then start maternity leave but went on sick at 32... I got one weeks sick pay then work sent me a letter saying "due to maternity illness we will now be starting your maternity leave from ___ instead of ___" so more than likely they will start it early... Can't they bring your holidays forward? (although I tried doing this and they wouldn't let me and was refusing it me.. But I work for a sh*t company if I'm honest).. It's worth a chat with them though
     
  11. raeraefish

    raeraefish Mum to 2, 3rd on the way!

    Joined:
    Dec 3, 2010
    Messages:
    84
    Likes Received:
    0
    They can only start your maternity leave if you are off sick 4 weeks before the baby is due, this is regardless of when you will be induced, if you are to be, it's 4 weeks from the date on your MATB1 form.
    Hope this helps x
     
  12. MrsPOP

    MrsPOP Mummy to Alice

    Joined:
    Aug 8, 2010
    Messages:
    8,414
    Likes Received:
    0
    It is true that 4 weeks before EDD is when they can make you go on mat leave howevere PLEASE check with your HR because I work for the NHS and my local trust's policy was 6 weeks before EDD. Like you I'd saved annual leave up to take at the end but because I was so ill and struggling I was in danger of losing my annual leave AND being forced to take mat leave early so I brought my annual leave forward and went off at 32 weeks and then my mat leave triggered 3 weeks later at 35 weeks. I felt like a wimp because I wasn't coping but I feel so much better for being off...especially as my SPD has gone insanely worse and I know I wouldn't cope!

    Good luck xxx
     
  13. melissasbump

    melissasbump Well-Known Member

    Joined:
    Dec 15, 2010
    Messages:
    3,263
    Likes Received:
    0
    I would check with your HR dept, i thought this was the case for me too (im a police officer) but having read the job policy this doesnt apply to police officers (im currently off sick too) so i think there is a goverment policy but work checking your compaines own too. x
     
  14. Lawa

    Lawa Well-Known Member

    Joined:
    Aug 11, 2009
    Messages:
    1,616
    Likes Received:
    0
    Thanks ladies it is a mine field!

    I think I will book the four days holidays I have left for my last week of.

    I am of self sick at the mo will do that tomorrow back to work Tuesday have a hospital appointment lmao. Then only have three days this week five days the week after then one day woop lol.
     
  15. sw121

    sw121 Mum of 1

    Joined:
    Sep 6, 2010
    Messages:
    488
    Likes Received:
    1
    Hi - I work in HR. Your employer can only commence your mat leave early if you are off with a preg-related illness in the 4 weeks prior to your due date. They used to be able to start it in the 11 weeks before your due date, but this changed several years ago.

    If you're off sick for preg-related reasons prior to 36 weeks then they have to treat it as normal sick leave, so you're fine to take sick leave until your planned annual leave commences.
     
  16. sw121

    sw121 Mum of 1

    Joined:
    Sep 6, 2010
    Messages:
    488
    Likes Received:
    1
    Midwives seem to be generalluy behind with the information on this. I run training on managing sickness absence in an NHS Trust, and all the midwives who attend think employers can start mat leave after 29 weeks and are surprised when I tell them it's 36 weeks. It changed several years ago now, so I don't know why they are still not up to date on this.
     
  17. sw121

    sw121 Mum of 1

    Joined:
    Sep 6, 2010
    Messages:
    488
    Likes Received:
    1
    I would seriously question the legality of your Trust saying they can start your mat leave from 6 weeks before. Not only is it against what employment law says, it's against Agenda for Change T&Cs! It's well worth challenging them on that front. You also shouldn't lose your annual leave - if you're off sick, you should ask for your AL to be cancelled and they then have to let you use it at a later date - even if that's after your mat leave.
     
  18. MrsPOP

    MrsPOP Mummy to Alice

    Joined:
    Aug 8, 2010
    Messages:
    8,414
    Likes Received:
    0
    It was in the Maternity Leave policy documents sent to me by my employer when I applied for Maternity Leave at 25 weeks. I'm not sure what the point is for me to challenge it would be now, especially as I'm now off on mat leave officially since last Tuesday. I've used up the annual leave anyway and went straight onto mat leave.
     
  19. sw121

    sw121 Mum of 1

    Joined:
    Sep 6, 2010
    Messages:
    488
    Likes Received:
    1
    They've probably not updated their policy then. I think it's still worth pointing out to them, even if you don't personally benefit this time.
     
  20. pictureperfec

    pictureperfec mummy to Saskia

    Joined:
    Jul 15, 2010
    Messages:
    348
    Likes Received:
    0
    sorry to jump on your thread but reading this has me very confused!

    ive been signed off sick since feb.. and im indeffinately signed off untill ive had baby..
    ive not discussed with my employer what date i wish to take mat leave from because ive not been there.. i handed in my mat b1 form 2 weeks ago.. because of being on sick leave im happy for my manger to tell me when i will be going on mat leave (where i work is amazing, there is only about 9 of us and we are more like a family than a work place, so we are all a bit unorganised!)

    so will i be staying on sick pay untill 36 weeks? or will it change at 29 weeks because thats when i can start?
     

Share This Page

  1. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register.
    By continuing to use this site, you are consenting to our use of cookies.
    Dismiss Notice