Maternity pay

[rosegarden45]

I'm so confused and would appreciate help from anyone who has received maternity pay please.
I'm a first timer and don't understand the way it works. When I try to contact my HR department I don't get the response I'm after as whoever replies to my emails appears to be quoting directly from a policy which I don't understand and we can't telephone HR so I'm getting really frustrated.
I'm due mid April and wanted to work until due date and start mat leave on due date. HR/finance worked out sums when I sent in my matb1 form and sent me a letter saying I must take annual leave prior to mat leave and therefore have to finish work at the end of March. My main queries are: do I have to take annual leave prior to mat leave? Others have said about taking it after mat leave - if I do this does it automatically get added to end so I go back to work later? The breakdown weekly payments for mat pay seem really low. I'm concerned that by the end of this year I will not be able to afford to pay mortgage etc because I'll be getting no mat pay. Someone mentioned to me that there is another form of mat pay that can be claimed but I have no idea how or who to contact regarding this? Or do I need to go back to work after 20 weeks off when the payment from work reduces? Any advice would be much appreciated

You do not have to start mat leave on edd - only when baby arrives - so you can keep working until baby pops even if that is after Edd. You can be made to start earlier if you are signed off for a maternity related reason post 36weeks.

With regards to annual leave, my holiday year runs April to March. I'll be going on Mat leave in October but because my company doesn't allow holiday carry over I'll be using my holiday prior to my mat leave. I can either use it, or they will pay any holiday accrued at the end of the holiday year in a lump sum.
Last time my holiday year ran Jan-Dec and I was due in April. I knew I wouldn't be returning until the following holiday year so took it all prior to my mat leave and left in Feb on full pay for 5 weeks.

From talking to friends in similar situations most work places work like this.

With regards to maternity pay, unless your employer has a maternity package it's 90% for the first 6 weeks, then SMP for 34 weeks (I think) then you can take an additional 12 weeks unpaid if you would like to make a full years leave. Most people return when SMP ends around 9 months.

It may have changed then RicStar as I know it used to be the EDD as a latest start date on your notification forms, if baby didnt come early/you were signed off within 4 weeks of EDD

I actually thought you had to start mat leave the Monday of the week you were due, but I must have misunderstood (it was irrelevant for me anyway as I was finishing earlier).

You can definitely work till you pop and maternity leave starts the day after. The only way may leave is triggered early is in case of being signed off with pregnancy stuff from 36 weeks onwards (or you request to start sooner).

www.maternityaction.org.uk/advice-2/mums-dads-scenarios/pregnant-and-benefits/common-maternity-pay-questions/

So what happens if you plan to take your holiday in the run up to your EDD and then baby comes early?!

I agree most workplaces seem to work like this (including mine), but what happens in this scenario? Surely they can’t take the leave from you and not pay you for it?

@BarryTheKestrel above meant for you! Sorry!

@hopingandprayingthistime this happened to me and my leave was just rolled forward.

@hopingandprayingthistime it doesn't matter. If I want to leave prior to the birth, as long as I tell them I want my mat leave to start on EDD or before then it will stay as it is.

So if my EDD is 2nd April and I booked holiday 1st-31st March and wanted my mat leave to start on 1st April, as long as I state that it wouldn't matter if I gave birth on 21st March, it would stay as it is.

I'm not sure if there is a legal issue with this or not, but last time I didn't tell work DD had arrived until a few weeks after her birth and they didn't want or need to know her arrival date so I assume it really doesn't matter.

So if my EDD is 2nd April and I booked holiday 1st-31st March and wanted my mat leave to start on 1st April, as long as I state that it wouldn't matter if I gave birth on 21st March, it would stay as it is.

I'm not sure if there is a legal issue with this or not, but last time I didn't tell work DD had arrived until a few weeks after her birth and they didn't want or need to know her arrival date so I assume it really doesn't matter.

It absolutely does. Legally your mat leave must start the day after delivery at the latest (due to the minimum 2 weeks post birth period).

Oh yeah now you all say it, it is the day after the birth. I think I was thinking of having to give notice so many weeks before the week of EDD or whatever it is. It was all very confusing!

Thanks @TittyGolightly I was pretty sure your maternity leave automatically starts when baby born if not already started!

So I wonder what happens to your leave if you haven’t managed to use if but had planned on taking it and couldn’t due to baby coming early!

So I wonder what happens to your leave if you haven’t managed to use if but had planned on taking it and couldn’t due to baby coming early!

It should get tagged on the end.

Yup even if your company has a policy of non roll over it must get rolled of you can't take it due to mat leave starting early. This is different to op where her current annual leave period ends before she intends to take mat leave - there they can ask for it to be used up as usual. Otherwise you could end up with two years leave to be paid out after maternity. If the baby came early it would be rolled though.

Just to clarify.... My annual leave for 2017/2018 is all used up. I do not want to carry any over. My concern regarding annual leave is for 2018/2019 as it will start in April and that is when I'm due to have baby. My biggest concern was that if baby comes early (e.g. 1st April) I would lose my whole year of annual leave because I won't physically be able to take the 25 days prior to mat leave. Therefore my query is that do I end mat leave sometime around February 2019 so that I can then take my annual leave prior to returning to work around April time. Hopefully I will finally get to speak with HR today to clear these issues up.

Does anyone know the legalities around extra work during mat leave? I was wondering if it is legal/illegal/Not a concern if I were to do some extra work toward the end of mat leave to supplement income. For example, if I work a night shift once or twice a month when baby is about 9 months old

I'm pretty sure you can't do any work - that would count as returning to work and would end your mat leave. You can do up to 10 keeping in touch days though (which you get paid for as normal).

No, you can do up to 10 KIT days by agreement, but you can’t go back otherwise.

Rose - your annual leave can not expire on maternity even if it is normal company policy not to roll it over. So you will be able to take it / will not lose a year's leave don't worry. Technically your employer still has to agree when you take it but most are happy for you to take it at the end of your mat leave. Taking annual leave or returning to work aside from kit days ends your maternity leave.

I’m pretty sure you’re allowed do be self-employed on maternity leave. But you can’t work as n employee or work for your employer beyond the KIT days.