Being signed off after maternity leave, please help

[summer16]

Hi,

Basically, I am due back at work after 39 weeks of maternity leave at the end of March.

 

I have been diagnosed with postpartum depression, along with another mental health condition I suffer with. I don't feel I will be ready to return to work at the end of my maternity leave and I know my doctor will sign me off. I am very low and am attending a lot of counselling appointments and also looking after my 4 children as my husband works a lot.

 

My question is regarding sick pay after maternity leave. I understand that there are two phases of maternity leave.. Ordinary (up to 39) and additional (up to 52). The additional you don't get paid for.

 

Can my employer force me to take extra unpaid maternity leave instead of paying me sick pay??

My employer has a company sick pay scheme for the first 6 weeks, then it's SSP.

 

I will not be returning to work after the 39 weeks maternity, just getting signed off straight away.

I can't take the extra unpaid maternity leave as we can't afford it, I will need the sick pay.

I do want to return to work at some point, just when I am stronger.

 

Many thanks

Edited February 14, 2017 by honeybee13
Paras.

[king12345]

If you're sick you're sick, not on maternity.

So your employer can't force you to take additional maternity leave.

When your doctor signs you off, send them the certificate and they won't be able to do anything about it.

Also bear in mind that because your sickness is directly related to the pregnancy, the employer can't treat you hardly because of the discrimination policy.

BTW, congratulations!

Boy or girl???

[Emmzzi]

hello, you may find this article helpful

 

https://www.workingmums.co.uk/post-natal-depression-and-return-to-work/

[summer16]

Thank you for your responses.

I had a little boy!

[king12345]

Thank you for your responses.

I had a little boy!

 

I suppose having a big one would have been a mission

Sorry, I couldn't resist the joke...

[numbers666]

Don't forget your accrued holiday entitlement for the maternity leave if you have not already taken it...

 

KIT days ?

 

N

[BeauBrummie]

The assumptions and facts do not quite add up here

 

OML is for 6 months and AML is for 6 months

 

If you wish to return to work before the 52 weeks in total leave, you should be giving 8 weeks notice of your intention to return to work. On the basis that you intended to take the whole 52 weeks off, you have not given notice to your employer that you wish to return to work and by definition be fit for work. In my view you would not be entitled to SSP from your employer, but you may be able to claim from the DWP.

 

Accrued holiday and KIT days are also issues that assume you would be fit for work and in theory you could ask for holiday pay.....but again you have not given notice of your return to work to enable holiday to be taken.

[king12345]

Op said she's due back after 39 weeks, so likely notice of return was given