Overview of Setting up a Plan and Type for Sickness During Maternity Leave Entitlements
An employee might be entitled to Statutory Maternity Pay if they fall ill while still in the Statutory Maternity Pay Period. They would not be entitled to Statutory Sick Pay. If a person has returned to work (ended their Statutory Maternity Pay/Leave) from Statutory Maternity Pay/Leave and falls ill within the Maternity Pay Period, then the person will be entitled to Statutory Maternity Pay for each full week of sickness providing they meet the relevant criteria, part weeks of sickness will not be paid, and the normal Statutory Sickness payment rules don't apply.
If the person is not entitled to Statutory Maternity Pay, then the absence will be recorded as non-payable. If the absence is payable the rate at which the person is paid would be in line with the Statutory Maternity Pay rates. If there is any part of the enhanced (90% of average weekly earnings) pay for the first 6 weeks unused, then this will be paid until it has been used up, and any of the unused remaining 33 weeks at the statutory rate.
The Statutory Maternity Pay will be paid in weeks and continue to be paid in the rolling week cycle that was started with the original Statutory maternity pay period.
For example, if the Statutory Maternity Pay period started on a Tuesday then the rolling week for payments would be Tuesday to Monday. If a person feels ill on Thursday, then they would not be entitled to payment until they had completed a full week starting on the following Tuesday.
The maternity pay period is not reset, and ends at the original date set by the original maternity absence.
When the sickness absence passes out of the maternity pay period normal statutory sick pay rules will apply. The absence will be non-payable if it is linked to the sickness absence during the maternity period that was non-payable under Statutory Sick Pay. For the person to be entitled to Statutory Sick Pay after the maternity pay period there must be a break of 56 days between the new sickness absence and any sickness absence recorded in the maternity pay period.
- Check that the Statutory Maternity Pay/Leave has been ended.
- Check that the employee is still in the Statutory Maternity Pay Period.
- Pay any entitlements according to the original rolling week’s payment schedule.
Employees who have curtailed their maternity leave/pay in favor of shared parental leave will not be entitled to Sickness During Maternity after the curtailment date. The Statutory Maternity Pay/Leave can be curtailed by creating a document certificate ‘Notice of Curtailment’ against the Statutory Maternity absence record.