Can my company refuse my holiday request before maternity leave starts?

[Weddingclash]

I’m expecting my first baby next month. It’s my work policy that I have to use all my annual leave this year so I’d planed to take a week holiday before my due date.

Unfortunately I now need a c-section which has been scheduled for a week before my due date. I let work know and asked if I could bring my annual leave forward by a week but they’ve declined my request. Their reason is my cover won’t be in place and there is no one in the team with capacity to cover for that week.

I was always under the impression that expectant mums could choose their final day and work couldn’t refuse that? If I went into labour a week before they wouldn’t make me work that week. Also, as they say I have to use my holiday up, does this mean I’ll loose those 5 days?

You can choose your maternity start date. It's up to your employer to approve annual leave. Can you ask them when you can take the leave and whether you can carry those days forward if they can't let you take them beforehand?

You can start your maternity leave when you choose. It’s possible that they don’t have to agree the leave?
I have to say that only allowing a week before your due date was cutting it very fine.

I was in similar boat. See if they will tag it on to the end of your mat leave. As you can't take it on mat leave they should be letting you carry it over

You can choose when you start maternity leave and they can’t refuse that, provided you give them 28 days notice.

So, if you have 28 days before the date you want to stop work (a week before you said) then just bring your maternity leave forward.

If they won’t allow you to take it before your maternity leave, then they must carry it over to next year: www.acas.org.uk/your-maternity-leave-pay-and-other-rights/holiday-and-maternity-leave#:~:text=You%20still%20accrue%20(build%20up,accrue%20while%20on%20maternity%20leave.

I would just email the relevant person and state that you will have your c section on date x so you can only work until day y. Would they like you to take your holiday or start your maternity leave (in which case you expect holiday to be added to end of your maternity leave). If they don't have cover in place, not your problem.
I had to go off with two day notice due to problems found at 36w scan and my work just had to deal with it while I went to have EMCS.

Thanks everyone, im going to have a conversation and see what my options are. I really don’t like the idea of finishing work one day and baby arriving the next so hopefully can come to an agreement with them. Starting to feel exausted & got heaps to do to get ready for baby.

My baby is due in less than 4 weeks and they haven’t even advertised the role yet so even if I stick to the original date, they still will be without cover for a while.