An employee is pregant, baby due July 2011. Company has policy of no pay when employees absent on sick leave so when the employee has been off sick since becoming pregnant the only pay has been SSP. Employee is concerned that this will affect her SMP payments if she continues to be off sick throughout the pregnancy. Doctors notes have covered the absenses to date. Employee is aware Mat Leave will start if she is absent within last 4 weeks of pregnancy due to pregnancy related illness.
Employee has a 2 hour journey in to work and is also afraid she will be too tired to work during her pregnancy.
Employee wishes to start Mat Leave at the same date as baby is due (subject to the 4week rule).
How does the employer stand and how does the employee stand in respect of the amount of SMP she may be entitled to.