If you are off sick due to pregnancy-related sickness within four weeks before your baby is due, your maternity leave and pay will start automatically the day after your first day off. You can claim statutory sick pay until four weeks before your baby is due, and you might also be able to get your maternity pay.
Your doctor can tell you if you’re ill because of your pregnancy, but you cannot claim contractual sick pay during maternity leave. Remuneration means your normal pay and is not entitled to contractual sick pay during maternity leave.
When paying maternity pay to an employee who is pregnant, in legal custody, in a trade dispute, has overpaid or underpaid, or earns below the lower limit, it is important to look after their health while they are pregnant. Your maternity pay might be affected if you are off sick while you are pregnant, as your first six weeks of maternity pay is 90 of your average pay.
If you do not receive full pay from your employer when you are off sick or your earnings drop in weeks 18 to 26, your maternity pay might be affected. If you do not qualify for Statutory Maternity Pay (SMP) or Maternity Allowance (MA), you may be able to claim Maternity Allowance (MA) from the Jobcentre Plus, which is paid for 39 weeks at a flat rate of £140.98. If you only receive Statutory Sick Pay during this period, you will not qualify for SMP, as you need to earn the lower earnings limit to qualify.
If your employee becomes sick during the SMP pay period, they will either fall under your sick leave policy or receive a sickness benefit or maternity pay. If they are entitled to Statutory Maternity Pay (SMP) or Maternity Allowance (MA), they cannot get Statutory Sick Pay (SSP) during their 39 week maternity pay.
📹 Maternity leave/pay in NHS/maternity entitlement
Description video on NHS maternity leave and maternity pay entitlement Know what you’re qualified for and all your entitlements …
What happens if you are sick at work while pregnant?
Pregnancy-related sickness can lead to sick leave, which can be disciplined or dismissed by employers. Most employers allow a few days off without a doctor’s note, but longer periods may require a doctor’s note. If the sickness is pregnancy-related, it is crucial to have the doctor or midwife confirm this in the sick note to ensure it is disregarded.
Sick leave is different from other forms of leave in that it can be disciplined or dismissed for taking too much time off, except for pregnancy-related illnesses. If an employer believes the sickness is not genuine or excessive, they may discipline or dismiss the employee under performance management procedures.
If a long or repeated period of sickness occurs, even if the employer believes the illness is genuine, the employer can dismiss the employee on the grounds of capability, even if the illness was caused in the workplace. This situation may result in additional claims against the employer.
How early should I start maternity leave?
Maternity leave may commence on any day from 11 weeks prior to the estimated date of delivery, except in instances where the employee is absent from work due to a pregnancy-related illness, in which case the leave may begin four weeks prior to the estimated date of delivery, commencing on an earlier date than the chosen commencement date.
What do I need to do before going on maternity leave?
Maternity leave is a crucial period for mothers to recover from childbirth, adjust to life with a new child, care for their baby, and bond with their baby. It is linked to lower infant and child mortality rates, increased breastfeeding initiation and duration, better mother-baby bonding, and improved postpartum mental health. It is also beneficial for employers, as it increases the chances that employees will stay at their jobs long-term.
To prepare for maternity leave, it is essential to figure out your plan, talk to your company’s HR department, fill out all paperwork, write a transition plan, and decide when your maternity leave will start.
Does pregnancy sickness affect maternity pay?
Pregnancy-related illness can impact Statutory Sick Pay (SSP) and Statutory Maternity Pay (SMP) amounts. Different rules may apply depending on the illness’s connection to pregnancy. Maternity pay may also be affected, as the first six weeks of maternity pay are 90 percent of the average during an 8-week qualifying period. Mandeep, who works during the qualifying period, receives her usual pay of £200 a week, resulting in her first six weeks of maternity pay being £180 a week.
Can you go on the sick straight after maternity leave?
If you are going to return to work after 52 weeks of maternity leave, you do not need to give any notice of return. You can go back to work on the day you are due back and are entitled to your normal pay. You can take annual leave or sick leave if needed. If you want to return before the end of your maternity leave, you must give your employer at least 8 weeks’ notice of the date you will be returning. If you do not give this notice and just turn up at work before the end of your maternity leave, your employer can send you away for up to 8 weeks or until the end of your leave, whichever is earlier.
If your employer did not write back to you within 28 days of the date you gave notice to take your maternity leave stating the date that your 52 week maternity leave will end, they cannot insist on you giving 8 weeks’ notice to return to work early. You should still give as much notice as possible to help you and your employer plan your return to work.
If you decide not to return to work, you can get SMP and MA for 39 weeks even if you do not plan to go back to work or if your employment ends during the SMP/MA period, such as if you are made redundancy. You do not have to pay SMP or MA back if you decide not to return to work. If your employer has given you extra contractual maternity pay, you only have to repay it if that was agreed in advance or specifically stated in your maternity policy.
If you do not want to return to work and need to repay your occupational maternity pay, you can ask to repay any company maternity pay in reasonable instalments, taking account of your household income and outgoings. You may find it helpful to speak to a debt adviser who can help you negotiate with your employer and agree a reasonable repayment plan.
If you are unable to return to work after your maternity leave, you can take sick leave as usual. However, once you are well enough to return to work, you cannot stay off work after your maternity leave has ended, as you will lose your right to return to work if you do not go back at the end of your 52 weeks’ leave.
Ask your employer if you can take annual leave immediately after your maternity leave, which is entitled to at least 28 days paid annual leave. Your normal holiday entitlement continues to accrue during maternity leave, so you may have some holiday owing to you. Annual leave should be agreed with your employer in the normal way and you should not be treated less favorably because you have been away on annual leave.
If you returned to work early and have not used up all your maternity leave/pay but now wish to take some more leave, you could give notice to take shared parental leave. Shared parental leave can be taken by either parent but must be taken within the first year after your baby’s birth. You may be eligible for Universal Credit if you take a period of unpaid leave, depending on your household income, housing costs, and number of dependants.
You are also entitled to urgent unpaid leave to care for a dependant in an emergency. The leave can be used if a dependant falls ill, gives birth, is injured, or there is a sudden problem with arrangements for the dependant (e. g., if your childminder falls ill). You are only entitled to take the time off necessary to deal with the emergency and to make arrangements for the care of the dependant.
If you have been on maternity leave and sick leave for a long time, you may have accrued a large amount of leave. You can take annual leave during sick leave, so you could ask to receive some paid holiday during your sick leave. You are entitled to carry forward 20 days annual leave if you cannot take it because of sick leave.
You cannot take annual leave during maternity leave, but you can end your maternity leave early, giving at least 8 weeks’ notice to end your maternity leave early and agreeing your annual leave with your employer in the usual way. It is a good idea to talk to your employer early in your pregnancy to agree when you will be taking your annual leave so that you can both plan in advance.
The government advises that employers should allow up to 28 days of statutory leave for employees who cannot take all their annual leave in the leave year due to absence on maternity leave, shared parental leave, or other types of parental leave. If your employer offers more than the statutory minimum of 28 days annual leave, it is up to your employer how much of your contractual annual leave (over and above the statutory 28 days) you can carry forward.
If you are not well enough to return to work at the end of maternity leave, you are entitled to receive sick pay if you are not well enough to return to work. You should follow your employer’s normal sickness reporting procedures at the end of maternity leave. Statutory Sick Pay (SSP) is paid after four consecutive days of sickness absence to employees who have earnings of at least £123 per week (April 2024 – April 2025) in the previous 8 weeks.
You are not entitled to SSP for any period of sickness that began during the 39 week SMP period (or 18 weeks if you were not entitled to SMP). If your period of sickness begins after the end of the 39 or 18 week SMP period, you may qualify for SSP if your earnings were high enough. If you claim SSP after the end of your 39 week Statutory Maternity Pay period, SMP counts as earnings. Maternity Allowance does not count as earnings.
If you do not qualify for SSP, your employer should give you form SSP1. If you do not qualify for SSP, you should get advice from your local Jobcentre Plus or Citizens’ Advice Bureau.
Once your maternity leave has ended, you are treated as if you are “back at work”, even if you are not well enough to actually go into work. You are entitled to take sick leave and should be treated in the same way as any other employee who is off sick.
You are protected against pregnancy/maternity discrimination throughout pregnancy until the end of your maternity leave period (up to 52 weeks or until you return to work, if earlier). For pregnancy/maternity discrimination, you need to show that you were treated unfavorably because of your pregnancy, pregnancy-related illness, or absence on maternity leave. You can also claim pregnancy/maternity discrimination where a decision was taken during your protected period even where it was implemented after the end of your maternity leave.
Is it OK to call in sick while pregnant?
In the event that an employer requests leave for an employee or their family member due to a serious health condition, including pregnancy, the employer may require a medical certification.
How many weeks before my due date should I go on maternity leave?
Maternity leave can be taken a week to a month before the expected birth, depending on discomfort or the desire for time to prepare. The FMLA requires employers to provide at least 30 days’ notice of unpaid family time. To make maternity leave the best possible for both you and your employer, consult with your human resources department, discuss your budget with your partner, start communication with human resources and those affected by your leave after completing your first trimester, and provide your boss with suggestions and strategies to address your duties while you are gone.
Some employers may be less friendly to pregnancy, so it’s important to consider the best time to share the news. Additionally, provide your boss with insights on your projects and co-workers to meet your responsibilities while on leave.
Can you go from sick leave to maternity leave?
If you get sick while on maternity leave or additional maternity leave, you cannot postpone your leave and take it after your sick leave ends. Maternity leave must be taken in one continuous block. Work-related sick leave is treated the same as any other sick leave, but you cannot take the rest of your maternity leave after it ends. If you become ill while on additional maternity leave, you can ask your employer to end it, and they will treat you as on sick leave. You may qualify for Illness Benefit, but you cannot take the rest of your additional maternity leave later. Postponing maternity leave if your baby goes into the hospital is not possible.
Can I go on maternity leave early due to stress?
Maternity leave can be beneficial for those experiencing stress or burnout, as it allows them to prepare for a new life and take time for themselves. However, there is no universally accepted time for maternity leave, as each family’s situation is unique. Factors such as income level, support levels, work situation, physical and mental health history, and the number of children involved can influence the best time to take leave. Joyce Marter, a licensed psychotherapist, recommends a minimum of four weeks for a baby’s healing, bonding, and settling into a new life.
The best way to determine when to take maternity leave depends on various factors, including income level, support levels, work situation, physical and mental health history, and the number of children.
Should I feel guilty for calling in sick when pregnant?
To manage your pregnancy, it is essential to talk through any issues you may be experiencing at work, find new ways to stay organized, and avoid feeling guilty about leaving work for antenatal appointments or changing duties. It is also important to communicate with colleagues and your manager to ensure they understand your situation.
Be realistic and listen to your body and emotional needs when dealing with stress levels. If you feel tired or don’t feel up to working late, take time off and start fresh the next day. Manage stress levels by finding ways to switch off for short periods throughout the day and treat evenings as a time to restore energy.
Don’t compare your pregnancy to others in the organization, as every pregnancy is different. Remember that attending more appointments or scans is necessary for your and your baby’s safety. Maintaining a healthy lifestyle, including eating healthily, staying active, and getting a good night’s sleep, can also help.
Tips for a successful handover include keeping your handover part of your to-do list early on, starting preparation well in advance, and having someone lined up to cover for you in your third trimester if you need to leave at short notice. Finally, agree on an out-of-office agreement with your line manager and switch it on for your last day.
In summary, managing your pregnancy involves communication, understanding, and addressing any challenges you may face. By following these tips, you can ensure a smooth transition into your new role and maintain your health and wellbeing during your pregnancy.
What are signs you should stop working while pregnant?
Pregnant women may experience signs of needing to stop working, such as high blood pressure, cervical insufficiency, or intrauterine growth restriction. Other factors include a baby’s growth issues, preeclampsia risk, and a history of stillbirth, preterm birth, or late miscarriage. When preparing for maternity leave, factors such as medical needs, financial situation, and personal preferences can influence the decision.
📹 Maternity Rights and Sick Pay in the UK🇰🇪/🇬🇧
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