# Maternity leave - question



## Henny Penny (14 May 2009)

Can anyone please tell me if a person on maternity leave in receipt of maternity benefit must return to work before "going sick"? Don't get me started on the morality of the issue - it makes my blood boil - just wondering whether maternity leave must officially end by returning to work or could this lady take a week of holidays and then sick leave. 

Thanks in advance of your replies.

HP


----------



## terrysgirl33 (15 May 2009)

Unfortunately I had to take sick leave after maternity leave due to post natal depression.  I did not have to return to work before starting sick leave.


----------



## Henny Penny (15 May 2009)

Thanks for your message terrysgirl33. Hope you're feeling better. 

I have no issue with people who are genuinely ill taking sick leave - I do have an issue with an employee "planning" to be ill for convenience.


----------



## huskerdu (15 May 2009)

It sounds like the Maternity leave has got nothing to do with the issue. 

To take an extreme case, is someone got appendicitis on the last day of
maternity leave and was rushed to hospital, should the law insist that they
cant take sick leave because they couldn;t come to work for their first day back !

The real issue is that you have got some evidence, or suspicion of an employee planning to take sick leave when not sick. 

I don';t know HR law on questioning a sick note from a doctor, but that is what
you need to investigate.


----------



## Henny Penny (15 May 2009)

Thanks so much - very difficult to find info on this subject - will seek further information. Understandably it's very demoralising for other employees. As sick leave is paid by employer(up to 16 weeks) this position will not be filled during "proposed" sickness meaning colleagues will have to cover her work.


----------



## TillyD (16 May 2009)

No, you do not have to return to work after maternity leave if you are sick. If her GP signs her off with an illness there's probably very little you can do about it. I don't know what way it would work within the company if you had proof she wasn't sick. I'd imagine it would be very hard to prove. The fact is she could very well be sick after the birth of her baby due to depression or maybe surgery during the birth, who knows. But I get 100% where you are coming from. I just think it may be a tough to prove.


----------



## di74 (16 May 2009)

No you don't have to return to work after mat leave before taking sick leave. If doctor provides a cert there's really not much that can be done. As an employer you may have the right to refer this employee to Occupational Health Service where an independent doctor will examine their health and make a judgement.


----------



## Jewel (16 May 2009)

As others have said, no you don't "have" to return to work first. 

Just curious, what makes you doubt that it's a genuine illness?


----------



## Henny Penny (16 May 2009)

Thanks everyone for the replies.

My doubts as to the genuine nature of the illness stem from this person stating that she will be "going sick" while her children are off school for the summer. Expecting a miracle recovery by first week of September.

Again just to state I have no issue with anyone who is genuinely ill - I just think it makes a mockery of employee benefits when they are abused by people who are not sick. 

It also is very demoralising when staff "know" person is not sick but is not at work and being paid for the privilege. There is a feeling because people abuse the system, they jeporadise the benefits for everyone.


----------

