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Quick Q re starting maternity - can I have my maternity leave commence 4 days after my due date?

(26 Posts)
MamaG Thu 17-Jul-08 11:57:30

I'm due 30th October

Have history of going overdue and its likely that I'll go overdue again with this baby!

I have 2 weeks holiday to take and employers are happy for me to finish work, take 2 weeks hols and then start maternity.

Just got my MATB1 and am doing the letter - have to tell t hem due date of 30th october and that I want to start mat leave on 3rd November! Is it allowed?

What will happen if baby does come early, will I have to start my mat leave as soon as he's born?

MrsBadger Thu 17-Jul-08 12:06:08

The birth of the baby automatically triggers the start of matleave.

Not sure about requesting it to start after the due date though - I might fiddle the dates and claim you're due on the 1st (ie the Sat) and request matleave to start on Mon the 3rd.

MamaG Thu 17-Jul-08 12:07:43

oh bum

the mat cert i've received from MW clearly states 30/10/08

I'll put the letter to the practice manager and wait for her to shriek

maybe i hsould just start a week earlier

Thanks mrs b

Sidge Thu 17-Jul-08 12:10:58

With DD1 I started mat leave a few days after my due date, and had annual leave first.

But mat leave will automatically starts the day your baby is born, even if you were on annual leave. I suppose you then may be able to carry your A/L on to the end of your mat leave?

Bramshott Thu 17-Jul-08 12:14:32

In fact Mat Leave automatically starts the day AFTER your baby is born.

I'm not sure if this is really any different from what I did - I expected to be early - was due 8 April, so notified maternity leave to start 1 April, knowing that I probably wouldn't make it that far. DD2 arrived 27 March so my maternity leave ran from the 28th.

MamaG Thu 17-Jul-08 12:19:25

the thing is, my holiday entitlemetn runs from Jan - December so I don't think they'd (employers) let me carry over two weeks worth of holiday

its hard deciding what to do isn't it!

Pidge Thu 17-Jul-08 12:21:50

MamaG - I'm doing exactly what you describe.

Due date is Sept 27, I finish on Sept 11th and take the two weeks holiday owing to me, officially starting maternity leave on Sept 30th.

Obviously if the baby comes early the maternity leave will kick in and then I'll just arrange for my work to pay me for any holiday days not taken.

But my first two were a week late, so there's a fair chance this one will be late-ish too.

My employer is happy with this setup.

MamaG Thu 17-Jul-08 12:27:47

Duh - they'd have to pay me the holidays if they refused to carry them over, wouldn't they?

stealthsquiggle Thu 17-Jul-08 12:32:09

cross your legs for 3 days grin - but if the bump won't co-operate I guess they will have the choice of (a) paying you for the extra days or (b) letting you carry them over (we have special rules about carrying holiday over when on Mat Leave, maybe you do too [hopeful])

On the less positive-thinking side, I believe they would be within their rights to make you start your 2 weeks hols earlier in order to use up the holiday before Mat Leave starts.

flowerybeanbag Thu 17-Jul-08 12:35:42

MamaG they only have to pay you holiday if you leave employment, and they only have to let you carry it over if they would do so for anyone else - you don't get special treatment in term of holiday carry-over because you are on maternity leave.

As long as you have the opportunity to take it - they are not preventing you - you should take it before you go otherwise you will lose it. Take anything from this holiday year before you go and anything from next holiday year at the end of your mat leave, that's often a good way.

MamaG Thu 17-Jul-08 12:37:40

so if i did decide to risk it and take the hol, if i go into labour early I could find myself losing the hols completely? i.e. no pay, no carrying over (they would not carry over 2 weeks, a2 days at the most)

flowerybeanbag Thu 17-Jul-08 12:41:59

Well you could risk losing it, yes.

They could make an exception to their normal carrying over rules if they feel inclined, as they might if you had it all booked but then events take over, obviously that's not you not being bothered to take your holiday.

But legally even if they are happy to make an exception to their normal rules, they can't carry over much, no more than a week I think, because of Working Time Regulations.

MamaG Thu 17-Jul-08 12:44:58

Thanks fbb.

I don't know what to do now, whether to start them a week earlier - that would be potentially 5 weeks athome before baby comes t hough <horror>

flowerybeanbag Thu 17-Jul-08 12:47:50

Rofl at horror! grin

If you have a history of going overdue, I'd stick to your current plan, and book holiday for the two weeks before your due date as you have said. I would also talk to your employer about the possibility of you going into labour a bit sooner and find out about whether in those circumstances they would allow you to carry over one of the two weeks.

hopefully Thu 17-Jul-08 13:22:41

I though maternity leave had to start in the week of your expected due date? Have I been misinformed?

For instance, in the case of MamaG (sounds like a detective novel), wouldn't mat leave have to start on Monday 27 October, regardless of whether the baby was then overdue?

I probably have completely the wrong end of the stick, and look forward to being corrected...

flowerybeanbag Thu 17-Jul-08 13:26:57

You have been misinformed hopefully! Maternity leave can't start any earlier than 11 weeks before due date, but can start as late as you like including after due date - mum can stay at work or on holiday until baby is actually born.

Pidge Thu 17-Jul-08 13:33:20

Yes, hopefully - flowerybeanbag is right. For instance my mat leave is due to start 3 days after the baby is due.

MamaG - I'm sure my employer will pay for the holiday if I go into labour earlier than that date. But obviously you need to check. Should be a simple yes or no from them, but get it in writing. Then you can plan accordingly.

MamaG Thu 17-Jul-08 13:46:30

Just spoke to practice manager. She needs to check with partners, but can't see there being a problem if I go in early: they will carry over the time and tag it on to the end of mat leave - just waiting for confirmation

hopefully Thu 17-Jul-08 13:46:58

Hmmm, that's interesting. I swear, my employers know nothing.

Doesn't affect any plans this time, but I'll be remembering that if there's a next time!

Cosette Thu 17-Jul-08 13:56:38

I too have a history of being late, and when DS was due, I wanted to work later than my due date, but was told the latest I could work was the Sunday before my due date - ie that you can't work the week of expected confinement.. I was right - I went the whole 2 weeks over...

I was under the impression that that was the legal situation, but perhaps I was wrong.

flowerybeanbag Thu 17-Jul-08 14:17:10

You can't work during the 2 weeks immediately following the birth Cosette, but working during EWC is absolutely fine.

It used to be the case that you could only start mat leave on a Sunday, it had to be in week blocks, but now you can start any day of the week.

Oblomov Thu 17-Jul-08 14:21:12

Flowery, can I ask you a q, please ?
Shall I post on one of my old threads that you answered recently ?

flowerybeanbag Thu 17-Jul-08 14:22:21

hiya, yes of course, and old thread is fine, am here

Cosette Thu 17-Jul-08 14:23:49

ah, well I did have DS nearly 2 years ago now, so perhaps it's changed since then. I was pretty huge by 9 months so actually was glad to put my feet up by then anyway!

flowerybeanbag Thu 17-Jul-08 14:31:22

Well quite, most people aren't in too much of a rush to work by that stage anyway!

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