Illness just before maternity leave

B

bluebell

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Could anyone clarify the following for me. If an employee is due to go on maternity in 3 weeks. the are now in hospital due to complications and will be there until the birth of the baby. What i'm wondering is : Is this person on sick leave for the next three weeks until they are officially on maternity leave or does maternity leave start early?
thanks, Bluebell
 
I think this appears to be up to the individual company on what they choose to do. They are entitled (as far as i am aware) to force the start of the maternity leave early but on my 2 prenancies where I had complications before the birth they paid my salary for my sick leave and I started my maternity leave on the date I had originally planned to. Not sure what other companies do though. A woman could use up quite a lot of her maternity leave before the birth which I would have hated to happen to me.
 
Im nearly certain that it is in fact sick leave, once its been certified by your dr.

I dont think your employer can force you into taking maternity leave earlier than the statutory 2 weeks prior to due date.
 
For what it's worth mentions the previous mandatory taking of maternity leave four weeks before the due date and that many employees still do even though they are not obliged to.
 
Maternity leave rules changed last november to make the mandatory period to be 2 weeks before EDD not 4 as previously. Re sick beforehand, if you have sick certs then it is sickness, just like anyone else who has sick certs. Whether the employer pays you during sick leave is up to them as defined in company policy or as is done for other sick leave employees.
 
OK, I wasn't aware that new provisions came into force on 18 October 2004. Mrs Joe1234 had applied for and given birth before that date, so the old provisions applied to her.
 
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