In my 30th week of pregnancy I was diagnosed with cancer. I then gave my employer a sick note from my consultant which had no end date on it. My baby was delivered at 34 weeks gestation and my maternity leave automatically started then. I then had an operation to remove the cancer which was classed as major surgery (radical hysterectomy) and then six weeks after that I had four weeks’ worth of radiotherapy and also chemotherapy. I am wondering if I am entitled to claim this sick time at the end of my maternity leave?
Sorry to hear you have been unwell. Unfortunately, you cannot ‘claim back’ the time you were sick during your maternity leave. If you wanted to take the time ‘off sick’ you would have had to have ended your maternity leave and followed your employer’s sickness procedure. But, upon recovery you would not have been able to revert to your maternity leave you would have been obliged to return to work.
If you need more time you could take parental leave. Parental leave is unpaid and you can normally take up to four weeks a year, though you may be entitled to more. In addition, you will have accrued annual leave while on maternity leave and any unused annual leave pre your maternity leave should be added to this leave and annual leave will be paid.