Off work sick before maternity leave - help please

Ok, I was off work last week, self certified, because my SPD has left me barely able to walk or drive when it flares up, which is at some point every day now. I work a 45-minute drive away and have to spend 9 hours+ sat in an uncomfy chair, as well as having to go out with equipment when needed, and I just can't do it. I'm also on co-codamol which leaves me feeling drowsy.

Today I'm seeing the doctor again and I hope he's going to sign me off for a fortnight as he said he might do last week. This will take me to just short of 35 weeks. I'll then have another 2 weeks left to work (last day is supposed to be October 10), although I'll need to consider either being off sick again or starting my week's holiday then maternity leave early (if I'm allowed that is, as it will coincide with another staff member's holiday, which might mean I lose my week's holiday before maternity leave kicks in as two people taking holiday at the same time is forbidden).

The problem is my deputy editor is a complete control freak and is sending me my work home. He was away last week so I explained the condition on the phone this morning and what I was struggling to do, but it makes no difference. He has his list and it can't be altered, which also means I'm stuck with every piece of work he wants me to do because it has now been allocated to me and the others have their own workload now. The amount of work I'm getting means I'm going to be sat at my desk at home all day now.

Am I within my rights to refuse? He's really hard to stand up to, and then he'll make me feel guilty about leaving them short staffed because one worker is on holiday (even though once I start maternity leave this will be the norm as they are not filling my job while I'm off). Also, will I be on sick pay or full pay, and is sick pay less than full pay? Because if so there's no way I'm sitting at home working full time!

Any advice greatly appreciated.

Hello there

sorry you are suffering at the moment. If you are off sick you do not do any work. I would phone in sick post in your sick note and remain uncontactable. Im sorry I have no idea about the pay but hope someone can help you and hope you feel better soon... it will all be worth the pain but I know that really doesnt help right now

Hi

If you are signed off as sick by the doctor then I don't think you are allowed to work.  Your company has no right to ask you to or contact you about work as far as I know.  As far as pay is conmverned it will depend on what your entitlement is.  You may be entitled to a certain time full pay and then a certain half pay etc.  If not you will be on Statutory Sick Pay which i am not sure of the amount.

If you are sick 4 weeks before your anticipated delivery date then your employer can start your Maternity Leave early.

I thought if you were off sick with a pregnancy related illness, they could make you start ML early?

Regardless, if you're off sick, you should not be doing work at home.

They can't make you do work when you're off sick - your manager is probably breaking some sort of employment law by sending work to you and expecting you to do it.  Re your maternity leave - if you're off sick in the 4 weeks before your expected week of confinement then your maternity leave will trigger anyway and you could lose your holiday.  If, however, your GP signs you off until 35 weeks and then you go back I'm not sure whether you have any right to take your holiday or not but it's worth looking into.  I don't know what you'll be receiving as sick pay as different companies have different arrangements - it should be set out in your contract if you have that.  

Don't be bullied into doing work if it's going to make your condition worse though - it doesn't sound  like you're going to get any thanks for putting yourself out like that!

No, we never get any thanks, it's a pretty dull, repetitive, thankless job (you'd never believe I was a journalist/reporter would you?!)

My contract is at work, so I can't check what sick pay/rules are (the minimum they can get away with as per usual I bet). Might see if my colleague/friend will check for me.

Or should I just contact HR about all this and see where I stand? Don't want to rock the boat but I can't carry on working full time when I'm meant to be off resting. :(

If you are signed off sick, you're legally not allowed to work - you are not insured to be working. This is most pertinent if you're in the office (in case of accidents etc) but I think it would still apply if you had a work-related accident at home. For example, if the stress of continuing to work caused you to go into early labour (god forbid), I'm pretty sure you would be able to sue the company for damages.

It's completely out of order for him to expect you to do work when you're off sick. Surely they can get some freelance help? Are you in a particularly specialist field? I know a fair few freelance editorial people if you want some contacts to throw at him...

as everyone has said your not allowed to work hun if your off sick, i'd say to your boss that you are unable to do it etc?

(big hugs)

Work won't cover the expense of a freelance, things are tight and that's why they're not filling my job while I'm on maternity leave. It will never work but head office don't really care. I'm not even sure if I'll be returning if the redundancies hit our office. :(

I really can't afford to go on minimum sick pay if that's what our company allows (I'm guessing so, they are so tight), so I think once I've been to the doctor's later I'll give him two options:

1) I'll work from home but only if I'm not down as being on sick leave and still earning full pay - that should cover the insurance side too.

or

2) I'll start my holiday/maternity leave right now. That will leave me a few weeks short of H's summer hols from work next year and struggling for childcare but we'll cope, and like I said, I don't even know if I'll have a job to go back to yet so I'll cross that bridge if/when we come to it.

Wish me luck.

Good luck x