An employer can decide that their employee's MPP must start before the notified date of maternity absence if they think that the employee's absence from work in the 4 weeks immediately before her EWC is because of a pregnancy related illness. If they are not sure, or the employee disagrees with their decision, either:
A caseworker who is giving an opinion, or a Nominated Officer
who is giving a decision, may also need to obtain medical advice.
Before the case is referred to Medical Services the
Incapacity Reference Guide should be checked to see if this can
clear the enquiry, see
SPM50600.
If the advice in the guide is a clear "yes" or "no" take
appropriate action.
If you cannot clear the enquiry using the guide, issue form
SSP/SMP44 to the employee to get their consent to refer them to
Medical Services.
Send a SMP42 to their doctor with a copy of the employee's
consent.
When you receive the signed SMP42:
Once Medical Services' advice has been received refer the file
to the Nominated Officer with a covering minute to decide the start
of the MPP and issue a notice of decision, DAA1 to both the
employee and the employer.
Do not send a copy of Medical Services' advice to the
employer or the employee, unless the evidence is needed to settle
an appeal.
If Medical Services were unable to examine the employee and
cannot offer an opinion about whether or not the illness is
pregnancy related the Nominated Officer should support the
employer's original decision on whether the illness is pregnancy
related or not.
