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What happens if I am sick during pregnancy, maternity leave, or when I was supposed to return to work?
If you are absent through sickness during pregnancy, this should not automatically trigger your maternity leave and you should be treated as every other member of staff who's off sick. You should usually be paid sick pay in the same way as other staff. However, if you are sick during the last four weeks of your pregnancy your employer can insist that your maternity leave starts, although some employers may prefer to overlook odd days of absence.
You cannot claim sick pay from your employer if you are ill while on maternity leave. If you are sick when your maternity leave is due to end, the usual sickness procedures of your employer will apply to you even if you cannot physically return to work.
You may also have an unfair dismissal, sex discrimination and/or protection from detriment claim if you suffer dismissal or other unfavourable treatment because of a pregnancy-related illness before, during or after maternity leave.
If you have any difficulties with enforcing your rights under these rules, get advice immediately from your union or from a specialist adviser.