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Does anybody know if you can start maternity leave after EDD?

(24 Posts)
Koumak Fri 10-Jul-09 14:37:41

I know we can start as early as 11 weeks before EDD but what is the latest – legally? If my second pregnancy is as overdue as the first one I would “waste” couple weeks unnecessarily as my maternity leave is minimal I don’t really want to waste the first weeks just sitting around at home getting fat if you know what I mean!
And would you have a copy of maternity notice handy [cheeky emoticon]

StealthPolarBear Fri 10-Jul-09 14:40:18

I don't think so. I'm starting mine on my EDD and afaik that's the latest. Might just be here but I doubt it.

expertinscunthorpe Fri 10-Jul-09 14:42:19

No, you have to start the week of your edd.

Poledra Fri 10-Jul-09 14:45:00

Nope, has to start on your EDD at the latest.

flowerybeanbag Fri 10-Jul-09 14:54:02

The latest you can start maternity leave is the day after the baby is born. But the problem is you won't know when the baby will be born so you won't be able to give the required notice to your employer about the date you will be starting.

But if they are happy to be flexible and let you go off whenever you want to, then yes in theory you can delay maternity leave until after your due date as long as baby hasn't put in an appearance. As soon as baby does put in an appearance, maternity leave and pay kick in the next day regardless of what you might have previously arranged.

Koumak Fri 10-Jul-09 14:57:30

Thank you it’s really helpful

Would you say then that I can state in my letter that “I am pregnant, my EDD is 28 Oct but I would like to postpone the maternity leave as much as possible” or does that not qualify for formal notice?

Poledra Fri 10-Jul-09 14:58:03

Well, that's interesting, Flowery, the companies I have worked wit have always insisted on either the Monday of the week of EDD, or EDD. Is this company policy rather than employment law then? Thanks smile

flowerybeanbag Fri 10-Jul-09 15:02:18

Koumak you'll have to ask them first whether they are happy to be flexible. Legally you are required to specify an actual date your leave will commence, and if you want to change that date, you are required to give 28 days' notice. So 'as late as possible' wouldn't be good enough. You can ask them if they are happy not to have a date, but be prepared for them to say no.

Poledra it's a technicality really. The latest mat leave can start is the day after the baby is born so technically it could begin after the due date. But when arranging mat leave because it is necessary to give an actual date it really has to be the due date unless they are happy to be very flexible, which understandable most employers are not.

flowerybeanbag Fri 10-Jul-09 15:03:39


The other point to make is that if a company is paying over and above SMP they can set all sorts of conditions on it anyway.

Koumak Fri 10-Jul-09 15:10:19

Thank you flowerybeanbag
HR did make it sound it has to be the EDD so i think i will leave it at that! This company is not very "flexible" as it is. Luckily EDD falls during half term so at least i get to spend some time with ds i guess!

Koumak Fri 10-Jul-09 15:14:56

No over and above with this one!

flowerybeanbag Fri 10-Jul-09 15:19:35

The chances of you going very overdue again are pretty slim I would think anyway.

Koumak Fri 10-Jul-09 15:24:48

ds was two weeks late and induced i would love to avoid this thats why i thought about as working as close to EDD as possible to get things moving....

Koumak Fri 10-Jul-09 15:25:21

is there a link with "draft" do you know?

flowerybeanbag Fri 10-Jul-09 15:27:06

What do you mean 'a link with "draft"'? Sorry, not sure what you're asking?

Koumak Fri 10-Jul-09 15:36:37

That was me cheekily blush asking for draft letter as I think might type up the notice re maternity leave today no point of postponing it!

flowerybeanbag Fri 10-Jul-09 15:39:10

I don't have a draft letter for you but all you have to tell them is that you are pregnant, when the due date is and what date you want to start your leave. That's it.

Koumak Fri 10-Jul-09 15:44:59

thanks do you think email version is ok or should i do proper home address headed paper that sort of thing?

i am not going to see midwife untill 26 weeks (2 weeks time) so dont have MATB1 form yet but i thought i just mention this in the letter saying i will give them as soon as i have it. Would that be ok?

ilovemydogandmrobama Fri 10-Jul-09 15:45:12

Impressed that you have the energy to work until due date! smile

Koumak Fri 10-Jul-09 15:58:20

i have now grin can you tell i am only half way there?

ilovemydogandmrobama Fri 10-Jul-09 16:06:20

Do they know you are pregnant? You could send H/R a brief email saying you are pregnant, and as soon as you receive the MAT B1, will put matters onto a more formal basis.

At least this way they can plan how to cover your job whilst on maternity leave.

You don't have to inform them now, but at the same time it can be mutually beneficial that they know; risk assessment, any ante natal appointments etc.

Koumak Fri 10-Jul-09 16:10:13

they do know i am pregnant so i think i will send email thanks
funny you mentioned risk assesment. i happen to be the health & safety officer .... so will be doing that myself!

Thank you so much for your help ladies!

StealthPolarBear Fri 10-Jul-09 16:34:38

AFAIK you have to submit your MATB1 by 25 weeks. I think they'll be fine if you can't (mine weren't) but it's worth bearing in mind. I had to chase my MW for mine

ilovemydogandmrobama Fri 10-Jul-09 16:44:34

This is interesting, but all it says on the MAT B1 is:

Part A (fill in this part if you are giving the certificate before the week of confinement

Do not fill this in more than 20 weeks before the week when the baby is expected

I certify I examined you.........

Part B Fill in this part if you are giving the certificate after the confinement....

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