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maternity/ sick leave - part time

Discussion in 'Workplace dilemmas' started by beetlehart, Jul 7, 2012.

  1. beetlehart

    beetlehart New commenter

    Hi I have recently gone almost straight from maternity to sick leave due to having a major op the week I was due back - I am still having problems from the op which has delayed my return to work further ( I was initially told 8 wks recovery - I have now been signed off for a further 6 weeks - as this extends into the holidays can someone advise whether I will be paid during the hols or will I forfeit this if I don't return on last day of term ? also due to the long term problems I am receiving and now the childcare issues I am facing due to everything can i request to return to work on a part time basis - I have been told my headteacher rejects all proposals - what rights will I have ? thanks in advnace
     
  2. beetlehart

    beetlehart New commenter

    Hi I have recently gone almost straight from maternity to sick leave due to having a major op the week I was due back - I am still having problems from the op which has delayed my return to work further ( I was initially told 8 wks recovery - I have now been signed off for a further 6 weeks - as this extends into the holidays can someone advise whether I will be paid during the hols or will I forfeit this if I don't return on last day of term ? also due to the long term problems I am receiving and now the childcare issues I am facing due to everything can i request to return to work on a part time basis - I have been told my headteacher rejects all proposals - what rights will I have ? thanks in advnace
     
  3. Gardening Leaves

    Gardening Leaves New commenter

    Most importantly you need proper, qualified advice about your situation. Your union should be the first port of call, otherwise your home insurance may well have cover for legal advice for employment issues or the CAB is also very good.
    As I understand it from what I have learned, if your maternity leave formally ended and you then immediately became ill, you should be paid sick pay through the holiday.
    It is possible that your illness may be defined as a disability under the Equality Act 2010, if the effects are 'substantial', 'long-lasting' and have a significant impact on your ability to carry out normal day to day activities. By 'long-standing' it means at least a year. If your condition is likely to affect you for at least a year your employer may be obliged to make 'reasonable adjustments' to allow you to carry out your work. The childcare issues as a consequence of your infirmity complicate the situation somewhat - but that is why is is important that you get proper legal advice about your specific situation.
     
  4. you should still have officially returned when you were due to despite your operation and you should be on full-pay at the moment as per your normal contractual pay and conditions. it is illegal to force a woman to extend her maternity leave because she is sick when she is due to return.
     

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