Help with Maternity leave please. Can my employer refuse my requested date?

[WhatIsNapTime]

Hi all, hope this is the right place to post.

I work part time as a receptionist at a gym and am currently pregnant. I’m wanting to take my maternity earlier than most, for a few reasons and the date I’ve given notice for is about a week into the allowed 11 weeks before due date.

I’ve given just over a months official in writing notice of when I’d like to take my maternity, but have been told by colleagues my manager is questioning to hr if they have to accept this date as they feel it’s early. I had some forms from hr and on returning them I did ask if my date would be honoured and explained the reasons why I wanted this date. They responded to me that I was within the 11 weeks and that I should have a conversation with my manager to determine and agree my start date.

Is it a negotiation we have to agree on? Or can I say this is the date I am leaving and they’ll have to accept this. I just really don’t think they will be accommodating if they don’t have to so I’d like to know where I stand.

i appreciate any help and advice 🙂

If you've given them at least 4 weeks notice of your start date and it's within the 11 weeks, then they have to accept it. It would be maternity discrimination if they refuse

Just tell them that's the date, none negotiable. I fully appreciate though that it's short notice to replace you.

They can ask you to change your date and try to agree something that works better for them, but they cannot force you to change. If you stick to your guns on the date, they have to accept it.

I'm not sure if it differs per company policy but I had to give 8 weeks notice. I also have to provide the same notice for my return. I can understand it's short notice for them, especially if your entitlement is inclusive of company maternity pay (6m of mine was). I went off 4 weeks before my due date but I used 3ish weeks of AL that were already set but id lose in the maternity period and 1 week official ML before birth. Is this something you can do? Negotiate an agreeable date but use/change AL to bring you closer to your preferred date?

• just to add incase it wasn't obvious IANAL, just my own personal experience.

Thanks for responding everyone. I did read through my contract when I found out I was pregnant but it didn’t say much about the specifics of maternity other than entitlement. From my unprofessional googling I thought I had to give the same notice as resignation which is 1 month. The main reason I’m leaving earlier than I originally planned is they’ve changed my shifts to basically every inconvenient and some impossible times for me and were unwilling to compromise despite there being 4 other receptionists, so I feel the goodwill between us has gone.

The law is that you have to provide 28 days notice. Your employer cannot force you to give more notice than that.

The 8 weeks notice is for payroll purposes, not any legal requirement. They can work with shorter notice.

They can't force you, but you say the shifts are inconvenient/impossible - why?
If its one that impacts your pregnancy can you get some form of fit note saying you can't work those shifts or agree to start maternity leave later if you have in writing a better shift pattern?