Can I start maternity leave AFTER the baby is due

[Glam gal]

I am due 29th December and want to take 2 weeks holiday before i'm due
(17th December - 31 December ) my date to go back after the holiday is 1st Jan 08 but obviously I will be going straight on maternity leave.

My boss seems to think I cant take maternity leave after the baby is due, but If i dont take the holiday this side of my matenity I will lose it in April and you cant carry over holiday in the new financial year.

I know I can get paid for any holiday owing but to be honest I want as much time off as poss. 39 weeks + 2 weeks holiday.

so my question is can I start maternity offically on the 1st Jan 08 even though I'm going in for my c-section during my holiday leave.


any advice appreciated, thank you in advance.

if anyone has a linky, (she'll want proof if i'm correct) that would be a super bonus

 

[Emmylou]

No you can't as far as I'm aware, as legally you must take what is called Compulsory Maternity Leave immediately after your baby is born, for the health of you & your baby (regardless of whether you are on holiday or not....this will be changed from holiday to CML) it is to protect mothers who give birth before their OML (ordinary maternity leave) is due to start.

If you have c-sec booked, can't you just take your holiday earlier that 17th Dec? That way you'll still use all your entitlements..don't forget you'll also accrue holiday entitlement whilst you are on ML, so you could always tag some of that onto the end? Thats a great tip anyway, as it counts as you going back to work, even though it is actually just holiday entitlement that you're using up.

 

[tuck]

As far as I am aware the latest your maternity leave has to start is from your EDC and if the baby comes early then your maternity leave would start from the date the baby is born regardless if you are on annual leave or not.

I'd suggest starting your leave early
http://www.dti.gov.uk/employment/employ ... #Maternity

 

[Glam gal]

OK thanks for the reply, I will find out when they want to take me in for the c- section and book the hioliday 2 weeks before that. Thing is cos its over christmas I wanted to get in really early as leaving it til i'm 32 weeks (seeing consultant so should get an idea of when they will take me in) THEN booking 2 weeks off can result in my being denied it owing to staff shortages.

Ah well, I will work summat out

thanks again and thanks for the link Tuck

 

[libs]

book the holiday now and if things change and you can work a few days more and move your annual leave forward a few days I'm sure they'll be happy for you to do that.

 

[breezee1984]

i know here in the states your required to take it 2 weeks before your due

 

[Hypnorm]

I was only allowed to take any holidays owing or remaning at the end of my maternity leave not at the beginning - because i had to 'accrue' the days.. if that makes sense.

 

[SarahH]

My mat leave started the day after my due date. I used my hols up to the 2nd of July (her EDD) and started Mat leave on the 3rd July