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work problem

(15 Posts)
howardbear Fri 21-Sep-12 16:34:56

im 29 weeks pregnant with my 2nd due on 8th december, i was planning to finish work on 17th november using two weeks holiday entitlement and a weeks flexi that ive already built up, meaning that my maternity pay and time off dont start til the day the baby is due.

the problem is ive been told today that if i had the baby early, that is the day my maternity pay and time off starts from meaning i lose my holiday pay and allowance which really doesnt seem fair. im a bit concerned about this because my first was early so there is a chance of that happening again, and ive tried to work it out so i dont have to go back to work until january 2014 (a years maternity followed by a months holiday).

has anyone had any experience of this and how do i get round the problem? any help greatly appreciated xx

meditrina Fri 21-Sep-12 16:36:38

Ask them to carry it over to the next leave year, and tack it on to the end of you maternity leave.

howardbear Fri 21-Sep-12 17:06:30

do u think that would be allowed? it wasnt suggested as an option, it sounds like if baby comes early, u lose ur holiday entitlement. doesnt make an awful lot of sense really, but i dont know the facts....this was from my manager's manager.

meditrina Fri 21-Sep-12 17:14:13

Just ask. Even if there is a policy of not carrying leave forward, in these circumstances there is every chance of making a persuasive case that these are exceptional and non-precedent setting circumstances.

FluffyJawsOfDoom Fri 21-Sep-12 17:21:14

This is pretty normal unfortunately, as you legally have to start mat leave by the day your baby's born. You can ask work to carry your accrued holiday over or pay you in lieu, but I don't believe they're obligated to.

Heartbeep Fri 21-Sep-12 17:25:14

That's what happened to me. DD was early & I was still on holiday as opposed to mat leave. Fortunately my work were very accommodating & allowed me to carry the remainder over until the next year.

My mat leave started the day after baby was born, I think this is normal procedure, as opposed to starting on the day of birth.

PinkChampagneandStrawberries Fri 21-Sep-12 17:26:52

My work let me carry mine over and I used it at the end ask and see smile

LonelyCloud Fri 21-Sep-12 18:02:10

Legally, the latest maternity leave can start is the day after the baby's born.

It's up to the employer whether or not they let you carry over holiday / pay you for the untaken holiday if the baby turns up early. Legally, they don't have to do this, but as meditrina says, you could argue exceptional circumstances.

ginmakesitallok Fri 21-Sep-12 18:04:12

When does your leave year run and how long are you going to take off??

silverangel Fri 21-Sep-12 21:38:48

My twins arrived 31 weeks, I was at the beginning of four weeks annual leave that I had saved up, planning to start mat leave at 35 weeks. I asked the question as I was worried about them turning up early and they said it was automatic that it would be tagged on the end of ML, you can't lose accrued holiday.

horseylady Fri 21-Sep-12 22:34:57

The agreement my manager and I had was as was planning on using my holiday before the baby in a reasonable time, I could carry over and use my holiday on the end of my mat leave. So I will always return on the same date (unless he comes very early!!). But I got this put in writing and I have to use the holiday at the end of my mat leave I can't just have the days to use whenever if that makes any sense?

ivanapoo Fri 21-Sep-12 23:29:23

Negotiate to take any holiday you cannot take this year next year instead on the proviso you will endeavour to take it this year..

I have found with my employer that there seems to be a don't ask-don't get attitude, so don't wait to be offered things, suggest them: i asked if I couldn't take booked holiday this year in extenuating circumstances if I could carry it over, I asked for an enhanced maternity pay package, I asked if I would accrue bank holidays etc - they said yes every time but if I hadn't asked I wouldn't have got any of these things.

Don't forget to ask about Xmas day/boxing day holiday. You should probably accrue these too and have 2 extra days hols before you go on leave, if you haven't been offered these already.

MissPollysTrolleyed Sat 22-Sep-12 04:00:07

My work made it clear that they wouldn't let me carry over any unused annual leave if baby came early so I started my maternity leave a week before my due date and used my annual leave before that. I wasn't going to risk losing the days.

Can you finish up sooner than 17th November? I'm 38 weeks pregnant and didn't finish work until 37 weeks this time and wish I'd finished sooner as I was really tired and distracted by the time my due date came. Also, I'm really valuing all this nice time with my DS before LO comes and wish I had a bit longer to indulge him with lots of mummy time.

BionicEmu Sat 22-Sep-12 07:51:00

Last pregnancy I was supposed to take 4 weeks holiday then start my mat leave on baby's due date. However, DS came 6 weeks early. Usually we're not allowed to carry any unused holiday over leave years, but this was tagged onto the end of my mat leave as it was classed as extenuating circumstances. (Work for NHS if that helps.)

howardbear Sat 22-Sep-12 18:39:44

thanks for your response everyone, think im starting to understand it more now, and i thought i was being clever saving my holidays up, will have to talk it through with work and see what they will allow me to do!!

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