Rights while you're on maternity leave

Summary

If your first day sick happens after your statutory maternity pay ends, in rare cases you might get statutory sick pay (but not contractual sick pay) while you’re still on maternity leave. You’ll need to meet the normal conditions for getting statutory sick pay. These conditions include earning an average of at least £112 a week in the previous 8 weeks. This means you’ll usually only get statutory sick pay if your illness starts soon after your statutory maternity pay ends. You’ll also need a doctor’s note showing that you’d be too sick to work even if you weren’t on maternity leave. If you get maternity pay, your employer will keep contributing to your work pension. They’ll pay in at least the same amount as before you went on maternity leave - they should include any pay rises while you’re away. You’ll also keep contributing to your pension but your payments will be based on your maternity pay, not your usual pay. This means you might pay less. For example, if you normally pay 5% of your wages into your pension, you’ll pay 5% of your maternity pay instead. Your employer might let you stop contributing to your pension while you’re getting maternity pay, but it’s worth continuing.

Key information

• the first 2 weeks after your baby is born (4 weeks if you work in a factory)
• any keeping in touch days you do during your maternity leave.
• when you were still at work
• in the first 2 weeks of your maternity leave
• any chances for promotion - they should tell you at the same time as everyone else and give you just as much chance to apply
• any changes at work that affect you - for example, if there’s a restructuring
• you don’t get all your maternity rights
• you’re treated badly because you asked for any of your maternity rights
• you’re treated badly for any reason connected to your maternity leave
• If your first day sick happens after your statutory maternity pay ends, in rare cases you might get statutory sick pay (but not contractual sick pay) while you’re still on maternity leave.
• You’ll need to meet the normal conditions for getting statutory sick pay. These conditions include earning an average of at least £112 a week in the previous 8 weeks. This means you’ll usually only get statutory sick pay if your illness starts soon after your statutory maternity pay ends.
• You’ll also need a doctor’s note showing that you’d be too sick to work even if you weren’t on maternity leave.

Practical guidance

• Source: Rights while you're on maternity leave

Related topics

More in this area

• Appealing against a disciplinary decision
• Asbestos Claims
• Can You Be Made Redundant While On Maternity Leave?
• Can an Employer Monitor Your Personal Phone Usage at Work?
• Check if you can take time off work