6 months pregnant and work has only just confirmed their maternity policy!

[Red1977]

hi all

I gave my work my maternity notice on 14/2 and my due date is 28/8.

I immeadiatly asked what was the situation regarding my holiday allowance and that my preference was to work without leave and save it for mid-august, then take my holiday and have my maternity start after my holiday allowance.
I stated that if this wasn't the case, please let me know asap as I would rather take holiday whilst I was more mobile ie less pregnant!

Today, at 24 weeks when its too late to arrange a holiday, my manager has said that the company will buy 5 days back but that I must take the remaining 17 days before my maternity leave which she 'believes' has to start a week before I'm due so it would be 21/8.
So if I take my holiday period from August and the baby arrives early, my manager has said that the maternity pay would kick in from when the baby arrives and so I would lose any outstanding holiday?!

Please please can you give me your thoughts on this?

I feel so let down by the company, I have worked there 7 years and feel I am being treated very unfairly. I gave them notice as soon as I could and hence, my maternity cover is now starting next week (!) but the same grace has not been repaid!

Do I have any rights at all or do I just have to live with this?

Kind regards and thanks for reading

[flowery]

I'm not clear why you feel so let down? You wanted to save your holiday and take it in August running straight into your maternity leave. You aren't being prevented from doing that as far as I can tell? Your employer has said you have to take your 17 days before maternity leave but isn't that what you wanted anyway?

Your manager is incorrect in believing that maternity leave has to start a week before your baby due - you can in fact work right up until you go into labour if you want to, although most people obviously don't. Maternity leave does have to start when your baby is born though, you can't be on holiday at that point.

Sorry, I'm just not seeing what you feel is so unfair. What is it you would like them to do that they are not doing?

I'm also not clear why it's too late to arrange a holiday because you are 24 weeks pregnant, but I think that's probably not particularly relevant.

[twinklytoes]

she is quite right in that maternity pay starts the day after you deliver if you deliver early. imho she is pretty mean to say you loose your annual leave in this scenario.

she is wrong regards when maternity leave starts - the latest it can start is your EDD. you must give the required notice period tho and submit the form from your midwife. this changed with maternity updates in October 2008 (along with the right to accrue annual leave etc)

[crumbletastic]

you don't lose your annual leave if your baby is born early and maternity pay kicks in. Anything owing you can take at a later date, or be paid for if it crosses over into a new financial year

[Icoulddoitbetter]

As the other posters have said your maternity leave starts on your EDD so you were never going to be able to use your A/L days beyond 28/8 anyway. I think this is standard to every employee, whereever you work. It's probably down to company policy as to whether you would loose the leave you had left if you baby comes sooner than expected. But, that's probably the risk you take if you decide to not start your mat leave till your EDD anyway (I'm sure there's special dispensation if you give birth prematurely though).

My leave runs april - march and my bub was due at the end of oct. I left mid september. I was only allowed to take my leave pro rata so that didn't leave me with a huge amount anyway. I took a year off, so at the end of that year I had a years leave owing which I took (was made to take) before I returned to work. So actually, if this is the case everywhere (and it should be as I'm pretty sure it's the law) then you effectively start your leave year again when your mat leave licks in, and then you get it back at the end. So it really doesn't make a difference!

[Red1977]

Thanks for all your replies, its much appreciated!

I guess I am just angry (plus hormones!) at being in the dark for 3 months as regards to our works policy as we are part of a group of companies so for 3 months and no one can confirm which policy we are to follow, I have been chasing to get any clarification/documents on the maternity leave.

Our leave runs Jan-Dec and so as far as I understand now, the company will buy 5 days holiday back and so I have 17 to take before my due date so I think (after calming down now) that I will work some shorter weeks as the thought of being at home for endless weeks is not something I want to do. I would ideally like to leave work through annual leave initially from 10/8 then SML around 25/8.

I have just phoned the Maternity Action Line and they have confirmed that I can take my SML as late as the baby is due but that yes, if the baby arrives whilst I am on annual leave, I will lose the untaken annual leave.

I will approach my company and see if they would be prepared to buy back any more annual leave

I do feel that if it was my boss having a baby, she would make it her business to know all the facts as early as possible.

thanks again for reading/commmenting.

[AuntieBacterial]

Maybe I'm wrong (not an expert) but I thought you had to be allowed the opportunity to take 28 days paid leave per leave year - thought that was the legal min. The 28 days include bank hols. My understanding is that it would be unlawful for an employer to deny you this opportunity.

So , if you get the 6 bank holidays as paid leave between jan and the start of your mat leave in august, I thought that would mean you must be allowed to take 22 days leave (to add up to 28 days) prior to ML starting and your leave year effectively ending.

Maybe that's a misunderstanding though.