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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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:
scotstars · 20/04/2025 21:09

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.

Show quote history

You cannot be asked to work during the hols if on shared parental leave unless all teachers in the school are being asked to. Lots of helpful info here https://www.teachersspl.co.uk/

Maternity Leave | Teacher Shared Parental Leave

https://www.teachersspl.co.uk

Chick981 · 20/04/2025 21:17

Not a teacher but public sector and we have to start by due date at latest (or day child is born if earlier).

Needlenardlenoo · 20/04/2025 21:21

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. 😊

I don't think teachers do accrue holiday because school holidays are already well over the minimum required.

Something else to look out for OP is that school HR is often unreachable in the school holidays. My school agreed to pay me over the summer holidays and then messed it up, but it wasn't possible to sort it out and get the back pay until the September payroll - very annoying!

Needlenardlenoo · 20/04/2025 21:22

https://www.mtpt.org.uk/ these people are the experts. Ask them.

Everyusernameisinuse1 · 20/04/2025 21:38

@Needlenardlenoo This surprised me. I realise it’s way over but do you mean if teachers take a year off they wouldn’t even accrue statutory holiday for the year they are off? I’m not a teacher/in private sector so am just interested in knowing.

Retronight25 · 20/04/2025 21:40

You don't have to start mat leave by your due date. I work in HR. It is surprising, but it's the law. You will normally only be able to go 2 weeks past your due date so you could just put that date, and if you have baby earlier then mat leave will start the next day.

CrickityCrickets · 20/04/2025 21:46

@Everyusernameisinuse1 yes, teachers can have 12 months off max. The holidays can't be accrued because they are on set dates. Unless of course you start your mat leave on, say 20th July 2025 and 20th July 2026 is the first day of the holidays. So you don't actually go back until 1st September 2026.

Everyusernameisinuse1 · 20/04/2025 22:57

@Everyusernameisinuse1

Sorry, I still don’t think I’m fully understanding. My holidays are 25 days plus 8 days for bank hols (33 days).
When on maternity leave I accrue at statutory + bank hols so they are reduced by 5 days as my holidays are above statutory.

As you have set hols do you mean that if leave starts before the end of the school year OP would loose the additional 6 weeks?

Or not accrue any hols?

Prepositional · 20/04/2025 23:05

My understanding is if you leave immediately after maternity you would be paid for any statutory holiday not taken.

Fourteenandahalf · 20/04/2025 23:05

Everyusernameisinuse1 · 20/04/2025 22:57

@Everyusernameisinuse1

Sorry, I still don’t think I’m fully understanding. My holidays are 25 days plus 8 days for bank hols (33 days).
When on maternity leave I accrue at statutory + bank hols so they are reduced by 5 days as my holidays are above statutory.

As you have set hols do you mean that if leave starts before the end of the school year OP would loose the additional 6 weeks?

Or not accrue any hols?

Teachers don't accrue holidays while on mat leave. In practice it means their 28 days will be made up in school holidays either before or after mat leave starts.
So yes if mat leave started at the beginning of summer hols op would essentially lose that period of leave.

Shallana · 20/04/2025 23:24

I'm due on a Friday and I've asked to start maternity leave the following Monday (I'm expecting to go over with it being first, and starting on a Monday makes my maternity pay payments tidier).

Obviously if I go early then I will start my maternity leave earlier, but there's absolutely no rule that you can't start your maternity leave after your due date.

Soontobe60 · 20/04/2025 23:35

Retronight25 · 20/04/2025 21:40

You don't have to start mat leave by your due date. I work in HR. It is surprising, but it's the law. You will normally only be able to go 2 weeks past your due date so you could just put that date, and if you have baby earlier then mat leave will start the next day.

If you work in HR you will know that the system doesn’t cater for putting a date later than your due date for the start of your maternity leave - but that you can extend the start of your maternity leave IF you haven’t given birth by that date. Legally however, maternity leave has to start no later than the day you give birth.

Retronight25 · 21/04/2025 04:00

If you work in HR you will know that the system doesn’t cater for putting a date later than your due date for the start of your maternity leave - but that you can extend the start of your maternity leave IF you haven’t given birth by that date. Legally however, maternity leave has to start no later than the day you give birth

Your system maybe, but my system does allow for it. Legally the latest maternity leave can start is the day after you give birth.

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