Maternity leave and sick pay 



A woman absent before or after maternity leave with a pregnancy-related illness is entitled to the same contractual rate of sick pay as any male or non-pregnant employee (North Western Health Board v McKenna [2005] IRLR 895). 



A woman who falls sick or is injured during maternity leave is not entitled to statutory or contractual sick pay for the period of that illness or injury.


For the law on sickness absence, sick pay, pregnancy and maternity, see Chapter 8, page 304. For the law on pregnancy discrimination and dismissal for reasons relating to pregnancy see page 225 of Chapter 7: Discrimination and page 370 of Chapter 10: Dismissal.