Can work make me take maternity rather than being off sick at 30 weeks? Uk.

[xLaura]

Basically I've been off work for 17 weeks on sick as I'm suffering with HG. I'd only just started a new job 2 weeks before I went off sick, which makes everything abit awkward.

I phoned work the other day to say I'd got another sick note for 4 weeks, which will take me to to just before I'm 30 weeks. She said well when you come in we will discuss starting your maternity leave as you can't be off sick and on maternity. I'd planned (however hadn't actually spoke to them about it) starting my maternity at 34/35 weeks as it's a demanding job. Ano it's only 4 weeks differnt, but it's stil 4 weeks I'd be eating of my maternity leave. (That's assuming I get another sick note for weeks 30-34)

As far as I've read work can't force you to take maternity leave until 36 weeks if your off sick is that right? Or if can it be before if it's been a long time sickness?

 

[bathbabe]

I thought anytime after 29weeks if your off sick with a pregnancy related illness then they can 'advise' you that it would be best to start mat leave, I didnt realise they could force you? However, Im not sure at all! X

 

[ellahopesky]

i don't think they can force you unless they deem it a hazard for you to be at work i.e. if you're fainting etc. I don't think they can make you before 34 weeks for any other reason, just advise you to do so. I'm not 100% sure though, best bet would be to go to the CAB and ask for advise and call your HR department

 

[AP]

I'm sure you have read this but gov.uk states

Pregnancy-related illnesses
Maternity leave and Statutory Maternity Pay will start automatically If the employee is off work for a pregnancy-related illness in the 4 weeks before the baby is due - it doesn’t matter what has been previously agreed.

Elsewhere

Do I have to start my maternity leave early if I am off sick?
It is normally up to you to decide when you wish to start your maternity leave. However, if you are off sick with a pregnancy-related illness in the last four weeks of your pregnancy (approximately), your employer can ask you to start your maternity leave – see box below for how to work it out. Your employer can ignore the odd days of illness, if they wish, for example, if they have organised maternity cover and you were not due to start maternity leave until nearer the birth. If you do have to start your maternity leave in the last four weeks of pregnancy, you should give your employer notice, as soon as reasonably practicable, of the start of your leave and that you are absent because of pregnancy-related illness. Your maternity leave and pay will start on the day after the first day of absence from work.

 

[EmpireBiscuit]

Once you're 36 weeks if you go off sick maternity leave automatically starts at my company. Before that, it's sick leave.

I don't think they can force you to go on maternity before 36 weeks, but you CAN start maternity at 29 weeks, if you opt to do so.

Must be a nightmare OP, take it since you're new in the role it's SSP rather than company sick pay?

 

[xLaura]

Thanks ladies I thought so.

Empire biscuit - yeah I'm only on ssp and don't qualify for maternity pay and will have to get maternity allowance instead.

 

[EmpireBiscuit]

Ouch that really sucks then for all kinds of reasons.

Sounds a bit like HR may be trying to bully you, I'd be checking my contract re maternity.

 

[icklemonster]

They can only force you to take maternity leave that early if baby is born, then maternity leave automatically starts. I think you should put something in writing and contact ACAS if necessary as they are either ill-advised or pressuring you xx

 

[Hb.x]

It's only when you get to 36 weeks hey can make you start mat leave - this happened to me too. All the best!

 

[geordiemoo]

Once you're 36 weeks if you go off sick maternity leave automatically starts at my company. Before that, it's sick leave.

I don't think they can force you to go on maternity before 36 weeks, but you CAN start maternity at 29 weeks, if you opt to do so.

Must be a nightmare OP, take it since you're new in the role it's SSP rather than company sick pay?

This is the same for me.

 

[lizlemon]

Agree with others sick up until 4 weeks before due date, then maternity leave if I'll during final 4 weeks x