If an employee is off work sick with a pregnancy-related condition when does her maternity leave start?
A. A woman’s maternity leave can only be triggered by pregnancy-related absence from the beginning of the 4th week before the expected week of childbirth. (This has been reduced from 6 weeks before). If a woman is off sick with a pregnancy-related illness during this period then her maternity leave will start on the day following the first day on which she was absent. Her SMP will also start on this day and run for the full 39 weeks. For example, if a woman became sick on a Sunday and was off work on the Monday, her maternity leave and pay would begin on the Tuesday. Employers should remember that they do not have to trigger the start of maternity leave. They may decide not to do this if a woman is only absent for a short period and wishes to continue working.
