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  1. #1
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    Default Sick/Personal leave whilst on maternity leave

    Hello all,
    Just wanting to pick a few brains if that's ok!?
    Im currently on unpaid maternity leave and received the 12 weeks paid parental leave upon birth of my daughter in Sept 2013. Unfortunately my entire maternity leave was spent in hospital due to acquiring a sepsis infection after the birth with further complications and surgeries required.
    My employer has advised that, as I was not able to return to work, that I had to use annual leave during my recovery (concurrent to the 12 weeks paid) and from then on it was going to be unpaid maternity leave.
    Now I'm currently still recovering from yet another surgery with another scheduled for next month and apparently even though I have medical letters and certificates from doctors and surgeons, I cannot use any of my sick or personal leave (i have accrued 12 weeks) whilst on unpaid maternity leave. I have looked into this and this is apparently law.
    Just wondering if anyone else has had a similar experience being ill on maternity leave and if so is it possible to notify the employer of a return to work date then submit a sick leave certificate from return to work date?

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    My understanding is that you can only be on one type of leave at a time. Therefore you wouldn't be able to claim sick leave while you are already on unpaid maternity leave. Why are you trying to submit a sick leave request while you are already on leave? Are you wanting to use your sick leave to further your maternity leave?

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    No not wanting to extend maternity leave, basically once the 12 weeks paid maternity leave ended (whilst I was still in hospital) my employer advised I could use annual leave concurrently so I had 12 weeks paid maternity leave with 7 weeks paid annual leave straight after. Once my annual leave ran out i was told it was then classified as unpaid mat leave which is fine. What I was trying to determine was if I cease maternity leave and provide a return to work date and my specialist provides a certificate from that return to work date, can I access my sick leave?

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    When are you intending to return? If it's only in a few weeks then can you "return" now / early and take sick leave?

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    Quote Originally Posted by Maverick66 View Post
    No not wanting to extend maternity leave, basically once the 12 weeks paid maternity leave ended (whilst I was still in hospital) my employer advised I could use annual leave concurrently so I had 12 weeks paid maternity leave with 7 weeks paid annual leave straight after. Once my annual leave ran out i was told it was then classified as unpaid mat leave which is fine. What I was trying to determine was if I cease maternity leave and provide a return to work date and my specialist provides a certificate from that return to work date, can I access my sick leave?
    At my work place this would work, however as it's a pre existing condition some work places won't accept this

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    Your employer might see through this as double dipping. If money is tight while you are on unpaid leave can you apply for centrelink?

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    Post baby plan had been to be back early this year however specialist is recommending I wait til after surgery next month. My manager had agreed this would be the best course of action however it all goes through head office and not him. I haven't looked into centrelink but as I am still employed I thought this wouldn't really be an option. I'm not "double dipping" as such. I accrued a lot of sick leave prior to the pregnancy incase there were any complications during which I didn't have to use at the time thankfully. Ideally I would love to be back at work and firing on all cylinders, I just figured all those years of not taking time off sick and the one time I actually am just felt it was worth asking the question.

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    Her employer is doing the dodge on her. If she was going to be returning anyway but couldn't due to illness then why should she take unpaid leave.
    Just because it follows maternity leave shouldn't matter. If she was returning from lsl or al they wouldn't force her to take unpaid leave.
    She's not faking an illness to get more time off she's going in for surgery.

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    I'm so sorry this has happened to you but your employer is right. You cannot access personal leave while on unpaid parental leave.

    http://www.fairwork.gov.au/Leave/parental-leave/Pages/other-leave-and-parental-leave

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    Do you mean concurrent to or consecutive to your maternity leave? I am unable to access sick leave during any period I am eligible for paid or unpaid maternity leave. For example if I fell sick at 32 weeks I'd use sick leave until 36 weeks which is our date of confinement ( need a med cert to work past this date) at which point I'd be switched to maternity leave regardless. After my paid maternity leave, I would be on unpaid maternity leave which is not considered service and I could only access the leave that would be owed to me if I resigned i.e annual leave, long service. I would need to be in service to access sick leave


 

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