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Original poster

To argue maternity leave dates?

38 replies

TinkRose · 20/04/2025 20:17

I am a teacher due to give birth in the summer holidays. I am being told I must say my maternity leave will start on my due date. I want to tell HR that I would like my maternity leave will start on the day I give birth because I don’t want to ‘waste’ my minimal full weeks of maternity leave if I go overdue when I won’t actually be at work anyway! It won’t have any impact on the running of school.
Has anyone (teacher or not) ever started their maternity leave on the day they gave birth after being overdue rather than being forced to start it on their due date?
Thanks!

OP posts:
Original poster
TinkRose · 20/04/2025 20:46

Itsabingthingfubing · 20/04/2025 20:43

Teacher here. I was due in the summer and told them I would start my leave the day baby was born and gave them 8 weeks notice to this effect. Baby then ended up premature (but still in summer holiday period) so I just sent an email to let them know and my maternity leave started that day instead.

So for example you said ‘My EDD is X but my maternity leave will start on the day baby is born’ when you gave notice?

OP posts:
Acc0untant · 20/04/2025 20:44

TinkRose · 20/04/2025 20:39

This is from union advice - it’s why I’m so confused!

I can't see anything in the actual legislation that backs this up.

Itsabingthingfubing · 20/04/2025 20:43

Teacher here. I was due in the summer and told them I would start my leave the day baby was born and gave them 8 weeks notice to this effect. Baby then ended up premature (but still in summer holiday period) so I just sent an email to let them know and my maternity leave started that day instead.

Original poster
TinkRose · 20/04/2025 20:43

And this is from ACAS so not even teacher specific! Surely this means you can start it from the day after birth even if this is later than due date?

To argue maternity leave dates?
OP posts:
voxnihili · 20/04/2025 20:42

In the long run I don’t think it will make much difference. Look at returning to work in the first day of the summer holidays the year after to get full pay for the holidays. I’ve heard this can be done. I’m not 100% sure as I went back for the last week of term to get paid over the summer but I’ve been told that wasn’t necessary.

Original poster
TinkRose · 20/04/2025 20:40

Newmumhere40 · 20/04/2025 20:24

You have to give 8 weeks notice. Also, your school sound like dicks so I hope you've done shared parental leave so you get paid full pay for your holidays (you don't actually share the leave with your partner).

Show quote history

8 weeks notice?
I thought it was tell employer you will be going on maternity leave by the end of week 25?

OP posts:
Original poster
TinkRose · 20/04/2025 20:39

This is from union advice - it’s why I’m so confused!

To argue maternity leave dates?
OP posts:
voxnihili · 20/04/2025 20:37

It is due date at the latest. Teacher also who was due in the summer holidays and had set mine to start on my due date as that was the latest that was allowed. DD then turned
up a day early and gave me a tonne of paperwork so I could start my maternity leave early even though I wasn’t even expected in work.

BraOffPjsOn · 20/04/2025 20:36

Teacher here. Yes you have to put your due date even if you’re two weeks late.
I remember losing a week as I was due on 30th August and then DS2 was born in the first week of September!

Acc0untant · 20/04/2025 20:34

You have to give your employer 28 days notice (minimum) of the day you want your SMP to start. You can't just leave it as "it can start when I give birth." The only way that happens is if you give birth earlier than your intended start date and so leave will start automatically the day after birth.

Calamitousness · 20/04/2025 20:30

Im sure your mat leave has to start on your due date at latest. If you give birth prior to that, then the date is brought forward. It cannot be later.

Newmumhere40 · 20/04/2025 20:24

TinkRose · 20/04/2025 20:17

I am a teacher due to give birth in the summer holidays. I am being told I must say my maternity leave will start on my due date. I want to tell HR that I would like my maternity leave will start on the day I give birth because I don’t want to ‘waste’ my minimal full weeks of maternity leave if I go overdue when I won’t actually be at work anyway! It won’t have any impact on the running of school.
Has anyone (teacher or not) ever started their maternity leave on the day they gave birth after being overdue rather than being forced to start it on their due date?
Thanks!

You have to give 8 weeks notice. Also, your school sound like dicks so I hope you've done shared parental leave so you get paid full pay for your holidays (you don't actually share the leave with your partner).

JoJo10 · 20/04/2025 20:21

Not a teacher but I went on annual leave at 38 weeks and my maternity leave had to start on my due date even though I still had more leave to use. In the end it made no difference as I went into labour at 39+3.

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