To argue maternity leave dates?

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.

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).

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.

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.

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!

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.

Original poster

TinkRose · 20/04/2025 20:39

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

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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).

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

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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 20:43

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?

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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.

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.

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?

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Acc0untant · 20/04/2025 20:46

I think you're conflating SMP with maternity leave. They're separate. You may be able to start your leave when the baby is born (although I still can't find the info in the legislation) but you have to give 28 days notice for SMP to start.

Itsabingthingfubing · 20/04/2025 20:49

TinkRose · 20/04/2025 20:46

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?

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It's been a few years but I think so! They'd had my MAT B1 form by that point so they knew my due date already so I just confirmed what my
plans were in writing.

Wizardonabroom · 20/04/2025 20:49

Teacher here. Was told I cannot work on my due date so my due date was when maternity leave started (x3 babies). I was not due in summer holidays so I was in work the day before I was due for all 3.

Albanyriver · 20/04/2025 20:50

You can choose when to start maternity leave but no later than the day you actually give birth. I have supported a colleague with this very recently and it’s been checked over by union, head and LA.
Make sure you utilise ShPL if you are eligible. With a summer hols due date, you would probably be “returning to work” for the Xmas hols, then using ShPL for spring 1, returning for Feb half term, using ShPL for spring 2, returning to work for Easter hols and then using ShPL until your actual real return to work. You can only take 3 blocks of ShPL, but this would give you 5 weeks of full pay instead of SMP those weeks. You still only get a total of 39 weeks mat pay though, but this would mean 44 weeks of some pay.

Original poster

TinkRose · 20/04/2025 20:51

Acc0untant · 20/04/2025 20:46

I think you're conflating SMP with maternity leave. They're separate. You may be able to start your leave when the baby is born (although I still can't find the info in the legislation) but you have to give 28 days notice for SMP to start.

Thanks for this!

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Original poster

TinkRose · 20/04/2025 20:53

Albanyriver · 20/04/2025 20:50

You can choose when to start maternity leave but no later than the day you actually give birth. I have supported a colleague with this very recently and it’s been checked over by union, head and LA.
Make sure you utilise ShPL if you are eligible. With a summer hols due date, you would probably be “returning to work” for the Xmas hols, then using ShPL for spring 1, returning for Feb half term, using ShPL for spring 2, returning to work for Easter hols and then using ShPL until your actual real return to work. You can only take 3 blocks of ShPL, but this would give you 5 weeks of full pay instead of SMP those weeks. You still only get a total of 39 weeks mat pay though, but this would mean 44 weeks of some pay.

So no later than the day I give birth, even if this is after my due date?

ShPL is a different ball game…it’s been suggested I will actually have to work during the holidays. This is partly why I want to start my mat leave when I give birth if I go over because I’m worried ShPL won’t happen.

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Albanyriver · 20/04/2025 20:57

TinkRose · 20/04/2025 20:53

So no later than the day I give birth, even if this is after my due date?

ShPL is a different ball game…it’s been suggested I will actually have to work during the holidays. This is partly why I want to start my mat leave when I give birth if I go over because I’m worried ShPL won’t happen.

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That’s what we are working with, and 3 different bodies have all OK’ed it.
if you are employed under STPCD you cannot be obligated to go in more than the 195 days we are contracted for. I’d definitely recommend getting in touch with your union if you are worried about being made to do actual work during holidays using ShPL.

Original poster

TinkRose · 20/04/2025 20:58

Albanyriver · 20/04/2025 20:57

That’s what we are working with, and 3 different bodies have all OK’ed it.
if you are employed under STPCD you cannot be obligated to go in more than the 195 days we are contracted for. I’d definitely recommend getting in touch with your union if you are worried about being made to do actual work during holidays using ShPL.

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There has been talk of INSET days being used for revision sessions - this would be included in the 195 days wouldn’t it?

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User79853257976 · 20/04/2025 21:02

I think that’s a widespread rule, not just your school.

Everyusernameisinuse1 · 20/04/2025 21:02

There have been some changes this year (since 6th April) with regards to leave, Change in government, less notice etc but when you were in your earlier stages of pregnancy the 2024-25 regulations would have applied in terms of notice.
Your employer needs to follow employment law & it doesn’t seem they are doing anything unlawful however as the law has since changed I would look at these regs.
If you were to give birth later you could use some holiday. You accrue holiday still while on leave. 😊

Prepositional · 20/04/2025 21:02

I think the problem with this post OP is that potentially lots of people will have also been given misinformation from their schools and then confidently repeat it. I'm sure I've read about this exact scenario on MN before (maybe worth searching) and after much arguing the woman was able to start maternity leave from the day the baby was born. The advice from your union and ACAS seems to back up your POV. Perhaps worth speaking to your union for advice.

Original poster

TinkRose · 20/04/2025 21:04

Prepositional · 20/04/2025 21:02

I think the problem with this post OP is that potentially lots of people will have also been given misinformation from their schools and then confidently repeat it. I'm sure I've read about this exact scenario on MN before (maybe worth searching) and after much arguing the woman was able to start maternity leave from the day the baby was born. The advice from your union and ACAS seems to back up your POV. Perhaps worth speaking to your union for advice.

I agree with misinformation being everywhere - this is why I wanted to see if anyone had done what I wanted to do.
Thanks, I’ll search!

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