An employee certified as sick during her ordinary maternity leave period was not entitled to contractual sick pay

The EAT held that an employee certified as sick during her ordinary maternity leave period was not, during this period, entitled to claim any contractual sick pay. An employee’s maternity leave was due to commence in August 2006 but in June of that year she suffered pregnancy-related illnesses and was certified sick until January of the following year.  Her employment contract stated that she was entitled to contractual sick pay at full rate for up to 6 months ‘less any maternity allowance received’.  She received full sick pay until the start of her ordinary maternity leave when, because of her short service, she received just maternity allowance.  She requested that she be paid the full sick leave but the company refused to do so, stating that maternity leave was not sick leave. She brought a claim for unlawful deduction of wages.  The EAT agreed with DWP.  It commented that it was not the legislative intention that contractual sick pay constituted part of the worker’s wages in relation to the wages provisions but not remuneration under the Employment Rights Act 1996 and the Maternity and Parental Leave Regulations.  Sick pay was remuneration and so was not payable to the employee during her ordinary maternity leave.