Can I be forced to start my maternity leave earlier?

[Amanda]

Hi All

As you probably know, I've not had the best of pregnancies, although baby is doing great, I've suffered. Anyway, I've been off for the past couple of weeks with severe back pain. I can only sit or stand for half hour at a time, then have to lay down to stop the pain. My sicknote runs out on Thursday, so I am due back work on Friday. I am waiting patiently for an appointment with the maternity physio at the hospital, and to have a back brace fitted, which should help. But nothing has happened yet. I have the midwifes tomorrow so will hopefully find out more then. But if this treatment is not forthcoming soon, there is no way I can go back work on Friday.

My question is - if I send another sicknote in for another couple of weeks, can they tell me that I must take maternity leave early? I'm due to start this at 35 weeks anyway. I would like to stay on sick for longer if possible as I get paid full, and the SMP will only be £108 per week after the first 6 weeks.

Any ideas anyone please?

 

[Sarah&Braydon]

i dont know hun as ur MW about it if ur past 29 weeks they may be able to make u start mat leave but if uv got an appointment which will mean ull be able to work then i dont know ahhhh u got me confused to hope its all ok hun

 

[Charm]

I think (but don't quote me on it) that if the illness is pregnancy related then they can force you to take your maternity leave early, from 4 weeks before your due date.
But if the illness is not pregnancy related you can continue to get SSP until the date you have confirmed you would like your maternity leave to start.

It should explain this better on the Department for Work and Pensions website www.dwp.gov.uk

Good Luck

Charm X

 

[Amanda]

Thanks both. It is pregnancy related as it's my back.

I've looked at that site Charm, thanks. It looks like I should be okay. From what I can see, they can't force me to start maternity leave unless I go off sick in the 4 weeks before baby is due. But I have already planned to finish at 35 weeks anyway.

So, fingers crossed!![/u]

 

[rach]

they can only force you onto maternity leave from week 36 tankett hun and as youve said your starting at 35 weeks you should be fine get doctor to write a sick note covering you till 36 weeks then start your maternity leave xxxxxxxxx

 

[Amanda]

Wayhay!!!! Thanks Rach!!

I'm going to speak to the midwife tomorrow and I know they'll do it for me. My doctor is lovely.

I thought this was the case, but didn't want to get my hopes up.