What is the earliest an employee can start their maternity leave if they are signed off sick?

Maternity leave and pay are often one of those HR matters that leaves small businesses confused and frustrated, especially when they don’t have a HR specialist advising them. It can seem complicated and scary as the employer doesn’t want to break any laws and find themselves with a claim for discrimination.

One of the most frequent questions we are asked is when can a pregnant employee commence maternity leave. The earliest an employee can commence their maternity leave is 11 weeks before the expected week of childbirth. However, if the employee is then signed off sick for pregnancy related reasons, then the employer can start the maternity leave 4 weeks before the expected week of the childbirth.  This is even if the employee had requested to commence maternity leave closer to the expected week of childbirth.

Up until the commencement of maternity leave, the employee would be paid contractual or statutory sick pay as determined by their contract of employment.

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Maternity pay for employees

Learn more about maternity leave for your employees with the help of our HR advisors in the West Midlands.