Maternity Leave

[Supersoapie]

I know there have probably been countless posts about this but I'm confuuuuuuuuuused!

Basically, my due date is 30th September and I don't think I'm able to carry any annual leave over so will need to use it all up before I go off. I actually have a substantial amount of leave left for the year (20 odd days) so could finish a good 3/4 weeks before due date and have M/L start on 30th Sept. Thing is, what if baby comes early? Does anyone know what happens then? I'm guessing that M/L would have to start but does anyone know what happens to all the 'left over' A/L. Is it purely down to the company and whether they let you carry it over to your return or is there anything you can rely on to make sure you get it?

Thanks so much! xx

 

[morechocolate]

At my place M/L has to start 2 weeks before the Sunday before baby is due. I assume this is a statutory rule as my place only does statutory M/L. So I'm not sure you'd be allowed to start your M/L on 30th Sep even with the excuse of holiday.

 

[mellie_88]

You accrue holiday while on maternity leave, and the company still have to pay it you. So I assume if you dont use it all the company will still have to pay it you. To be honest even if you have the baby early I'd hope they'd carry on paying you the holiday pay. Would be a bit mean of them to change it to maternity, and probably more paper work for them too.

I emailed my HR department with all my queries and they answered everything. Plus they're arranging a meeting with me soon to sort out all my maternity leave. I'd try to contact yours and ask them.

 

[tinks77]

At my place M/L has to start 2 weeks before the Sunday before baby is due. I assume this is a statutory rule as my place only does statutory M/L. So I'm not sure you'd be allowed to start your M/L on 30th Sep even with the excuse of holiday.

Maternity leave starts either on your due date or the day after the baby is born if early, that's the rules so she an use holiday and still have maternity leave start on due date, same for everybody unless you are sick from 36 weeks. Your employer cannot make you start it when it suits them

 

[CARNAT22]

At my place M/L has to start 2 weeks before the Sunday before baby is due. I assume this is a statutory rule as my place only does statutory M/L. So I'm not sure you'd be allowed to start your M/L on 30th Sep even with the excuse of holiday.

It's not a statutory rule, I only got SMP and I was allowed to start maternity leave at 39w.

OP, do you have a HR department? If so I would speak to them and find out. If not maybe give ACAS a quick ring.

X

 

[Kaffee]

I've just started a new leave year, so my company are allowing me to use 3 weeks before mat leave and 3 weeks after (so I start to get paid before actually going back, plus using 5 of the days to go back part time). If baby comes early my mat leave will kick in from that date, so hopefully they'd allow me to carry over the leave to the end of my year off. I'd speak to your HR department (if you have one) to check out the rules. We have rules, but it's generally left to managers discretion on what they're comfortable with if you want to bend them a little.

 

[Supersoapie]

Thanks everyone! Unfortunately, we're a teeny weeny company so don't have an HR department. It's just me and my manager and one temp haha! We've not been up and running for that long either (about 2 years) so obviously I'm the first member of staff to have to take maternity leave and I honestly think my boss is as clueless as I am when it comes to this! Hopefully he'll get in touch with our solicitors or something and sort it properly and I don't want to not get what I should because we don't know the rules between us! xx

 

[Mackmummy]

Oust places that I know of do what my place does. I am not using all my holidays this year. I am due the 28th August so am going off on the 22nd. I will get holiday pay up until baby is born then go into smp. If I don't use all my holidays I get the money for the at the end of the year. Don't forget this includes bank holidays, you are entitled to get paid for them as well. I'm taking a year off and again won't be using any holidays next year either so will get paid for them as well.

 

[Hoping for no2]

Whilst you accrue holidays when on maternity leave its up to your employer if they will allow you to carry over unused holidays from before your leave starts to afterwards, if you end up straddling two holiday years. X

 

[PixiePie]

From my experience, maternity leave starts from the day the baby is born (or the next working day if born at weekend like my son was) you can take holiday before your leave, I had a week off sick, then a week holiday before my maternity started. I have nearly a year's worth of holidays left and I won't be going back to work until January, so I had the option to either have my unused holidays paid into my wages, or carry them over to next year (but they have to be used within the first 3 month) - since I'm going back part time I opted to carry them over which means I won't need to work for the first three months and I get more time with my son but your company rules may be different, I'd encourage your manager to look into the company rules and possibly have a word with citizens advice too if I were you. Good luck!

 

[Supersoapie]

Thanks again everyone! Really helpful! Thanks Mackmummy I really didn't know Bank Holidays were included too! Whoop! xxx