Maternity Leave

#PS123

Hi PS123

Thank you for our enquiry. I am sorry to hear about your diagnosis during your maternity leave. Pay during this time can be a little more complex and I would like to refer you to a website called ‘Maternity Action’:

Sickness during pregnancy and maternity leave, and on return to work - Maternity Action

There is a page her about your specific situation and I will take an extract from the page here:

Can I claim contractual sick pay during maternity leave?

No, you are not entitled to ‘remuneration’ during maternity leave. ‘Remuneration’ means your normal pay and includes contractual sick pay. If you wish to receive contractual sick pay, instead of your maternity pay, you will have to give eight weeks’ notice to end your maternity leave early and then follow your employer’s sickness procedures to receive contractual sick pay.

If you have returned to work early and you are off sick during the SMP/Maternity Allowance period, you will go back on to SMP/Maternity Allowance if you are absent from work for a week or more during your 39 week maternity pay period. If you normally receive contractual sick pay from your employer, your employer must top up the SMP/Maternity Allowance to your full pay.

Once you are well enough to work you will have to return to work as you cannot go back onto maternity leave and pay. If you or your partner are entitled to shared parental leave you may be able to take shared parental leave up to 52 weeks from the birth if you ended your maternity leave early and you now wish to take some more leave. You will need to give the correct notice in order to be able to take shared parental leave. For more information, see Shared Parental Leave and Pay

Our Welfare Rights team would be able to offer you further help and advice on your financial situation if you would like to call the helpline given below.

The link that I have included here also talks about your rights at work when you are on maternity leave, please reply to this email or call our Work Support team – again on the number given below.

If you speak with our Work Support team, they will advise you of your protection under the Equality Act 2010 (DDA Act in Northern Ireland) The act defines a cancer diagnosis as a disability and that an employer has a duty to provide reasonable adjustments on your return to work. Examples of this would be working less hours, lighter duties until you feel well enough to return to your substantive post. Here is link to our booklet about this: Your Rights at Work

You also have rights when returning from maternity leave (which are described in the ‘Maternity Action’ link).

Hi Stacey, that's really helpful thank you and thank you for the links too.

I'm glad that you found the information useful, please contact us again if you need any further help. In the meantime, I wish you every success with your treatment and recovery.