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Sick pay after returning after maternity leave

Discussion in 'Pay and conditions' started by chat_noir, Mar 1, 2020.

  1. chat_noir

    chat_noir New commenter

    I am currently on maternity leave and dreading my return to work after Easter. I am dealing with a lot of anxiety following a difficult birth, and I am worried that returning to work will push me over the edge. The school I work in is not a friendly place and I am actively seeking other positions (I have applied for two positions with a September start so I am really hopeful I can get something better lined up for the next academic year). Not going back after Easter or taking more maternity leave isn’t an option for financial reasons. But I know I need to look after myself too. I’m going to give the summer term my best shot but where do I stand if I need to take time off? I know I’d need a doctors note for prolonged illness but would my pay be affected by maternity leave?, would I need to have returned to work for a set time before receiving this sick pay?
  2. Piranha

    Piranha Star commenter

    If you are under the Burgundy Book, then the usual provisions apply. Up to 100 days at full pay and 100 days at half pay if you have been LEA employed for all or part of 4 sick pay years, which start in April. If you are not under the Burgundy Book, it will depend on your school's sick pay rules. In my, non-expert opinion, it would be illegal to discriminate against you by giving you less sick pay than if you had not taken maternity leave. But I would want that confirmed by those who know more about such things!
  3. Sundaytrekker

    Sundaytrekker Star commenter

    I was thinking the same, Piranha. Maternity leave is maternity leave not sick leave so you would be started at Day 0 for sick leave on your return. You must not be discriminated against due to having taken maternity leave. It could be that if your absence is maternity related, eg post natal depression, then it might be treated differently. That needs checking out with an HR person though.
    Piranha likes this.
  4. Piranha

    Piranha Star commenter

    Possibly, although I don't think that is in the Burgundy Book. However, it would not, I think, be treated worse.
    Sundaytrekker likes this.
  5. Crowbob

    Crowbob Lead commenter

    The protected period for mat/preg ends once maternity leave ends (other than for decisions taken during the protected period). Certain behaviour may be indirect (or direct) sex discrimination.
  6. Piranha

    Piranha Star commenter

    I thought this was interesting, although like anything not from an official source, it amy not be totally accurate. https://maternityaction.org.uk/advice/discrimination-during-maternity-leave-and-on-return-to-work/ The relevant part reads:

    What happens if I am not well enough to return to work after maternity leave?

    You are entitled to take sick leave if you are not well enough to return to work after maternity leave and you should provide a sick note and follow your employer’s normal sickness reporting procedures.

    If you normally receive full pay during sick leave, you are entitled to sick pay as normal. If your employer pays Statutory Sick Pay, you may not qualify for SSP immediately after unpaid additional maternity leave, see: www.gov.uk/statutory-sick-pay

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