SPM10540 - Statutory Sick Pay (SSP) - Employees who cannot receive SSP when they go sick: Maternity Allowance during disqualification period

If an employee was not entitled to SMP or MA during her maternity leave, she may be entitled to SSP if she is incapable of work in weeks 19 to 26 of her ordinary maternity leave. This means that an employer will need to check with the Jobcentre Plus/Jobs and Benefits Office if an employee, who is not entitled to SMP, notifies them that she is incapable of work in weeks 19 to 26 ordinary maternity leave.

If Jobcentre Plus/ a Jobs and Benefits Office is paying MA she will not be entitled to SSP.

If Jobcentre Plus / a Jobs and Benefits Office is not paying MA she will be entitled to SSP, providing she satisfies the qualifying conditions.

In practice a woman may not bother to tell her employer that she is sick while she is on maternity leave, but the employer will need to consider this if she is unable to return to work after the end of her ordinary maternity leave.

For information on linking letters to recent benefits, see SPM10340.