I wonder what you guys would do.

I am signed off sick from work, for a few reasons. I'd been extremely tired, dizzy and having fainting episodes, plus my sickness was not subsiding. My employer is not keeping me safe, was making me stressed with how I was being treated, and I work 24 hour shifts with volatile young people and my dr has said I am unfit for long shifts and at that time was not fit for work at all. So anyway, I am off for the forseeable and he doesn't want me to go back. I have been trying to work out what is best for me really.

SMP is worked out by working out your average earnings over the 8 week period between pregnancy week 17 and week 25. I get paid my sleep over allowance a month later than I do them, so for November, I will get 320 SSP plus 240 for my sleepovers in October. For December I will just get 320 SSP. If they work out my earnings to include those sleepovers then I will be just within the Lower Earnings Limit of £95 average a week, to claim SMP, but 90% of my average will be about £90 a week. I have a feeling they won't include the sleepovers as they are technically Oct earnings even though they come in November pay, so I will end up being under the LEL and not qualifying for SMP and having to apply for MA (where I have to apply myself and choose the 13 weeks in the last 66 weeks where I earned the most, so will definitely get 123.06 a week).

I have no intention of returning to this job at any point after the baby is born. It will not fit with my family life at all as it is 24 hour shifts. So I have a number of options:

1) Continue in the job, staying signed off as GP has stated, but risk getting only £90 a week SMP or on the other end of the scale, having to apply for MA (which would be OK I think). They will be funny about me being signed off still (dr is doing it two weekly) and want to obtain a medical report as they are bringing my mental illness into matters (I have had no mental illness now for over 2 years).
2) Continue in the job but go back to work in the next couple of weeks, despite the fact it will probably put me back at square one in terms of how unwell I was feeling (and still am in some ways). I do have a casual job as well and did a few hours on Saturday - I was wiped out afterwards and that was just a few hours! This would mean I'd definitely get SMP and it would be a decent amount for my first 6 weeks off.
3) Hand in my notice (which has to be done before 25th week of pregnancy, otherwise employer still has to pay my SMP) to leave 31st December, claiming sick pay for December, then not receiving any money in January at all. I can then apply for Maternity Allowance to start on 1st Feb, which is my 29th week of pregnancy and when I was going to leave work anyway. I do not wish to return to the job and this would remove any problems with them 'allowing' me to stay signed off etc.

We can cope financially, just about, for now, but it's not ideal and part of me thinks I should just go back as if I went back in the 2nd week of December even, that would be enough to keep me within realms of SMP and would mean I only have 6 or 7 weeks left (within that I'd have about 16x24 hour shifts to work). I'm going to have their bullying tactics again and I'm going to be treated like crap, but maybe I just have to do it and hope I start to feel better soon. I have holiday I will be using from 22nd January until 1st February, so it's really not that long I'd be back there - just over a month.

Please help because I feel like a cat chasing her tail. I should add that part of what complicates matters is that I was assaulted in the workplace, which led to all kinds of disagreements with my HR (I was 11 weeks pregnant at the time).

Cripes, that's long. I'm so sorry!

I would not hand your notice in, and i wouldnt return to work either! You have already got the backing off your doctor to be off sick so i would do that! By law your employer is supposed to make the environment safe for you in prenancy and in not doing so he/she has seriously broke the law, so i wouldnt feel bad at all for keep handing in sick notes! When i was having my son i went off sick at 18 weeks and was signed off sick all that way through my pregnancy. so i was then able to receive my maternity pay. if you hand your notice in you will lose all of that and why should you! You deserve it!
I hope whatever you decide to do is what you feel is the right choice xxx

Thanks Vixta for being the only one of 52 people who viewed this post to bother to even post a reply. I sometimes think I should stop replying to other people's threads. Oh well.

Thanks for your advice. I know they are sort of breaking the law, it's just if I stay on SSP, any SMP I get will be severely reduced. I sat and worked it out last night:

Option 1) Stay off on SSP and then straight into SMP - working it out taking in to account my other job, child benefit and CTC, I'd get £115 a week til end of March when I finish up in other job, then 90 a week for the few weeks til she is born, then 131 a week until I return to work.

Option 2) Go back to work in mid December and then leave on maternity as planned on 1st Feb. Get 164 for the first 6 weeks, 148 for a few weeks, 123.06 for a few weeks and then 164 for the remainder of my leave.

Option 3) Leave job as don't intend to return anyway, and claim MA from 1st Feb. I'd get no money in January as would have left my main job (will get a bit from 2nd job), then will get 123.06 a week until she is born, then 164 a week from when she is born until I go to work.

So basically, money wise, options 2 and 3 look best. I guess what you say about staying employed and not being pushed out is also a factor though - they want me out. They love people so long as they can take take take from them, but when they need something back, they push you out.

It does sound better, option 2 or 3. I agree , but you must put your baby and your health first! so if you do go back to work then your boss HAS to make it preggo woman safe!!!! end of story! DO NOT LET THE PUSH YOU OUT!!!!!! XXX XXX