Weird Q, but do I have to be officially on Mat leave by my EDD?

[soandsosmum]

I work three days a week, and have been asked to take all my annual leave before I start my mat leave. however, to do this I need to stop working now or last week or something, which is impossible for me to do due to various events I'm co-ordinating or going to over the next 4 weeks.

Currently, I plan to finish work on April 8th, take a few days TOIL, then my annual leave and begin my mat leave after that. However, that currently takes me to post my EDD (12 May) by about 2 weeks.

Do you know if I have to be officially on mat leave by my EDD or is it ok for me to be on annual leave at that point? (My boss and HR dept don't know.)

Mat leave has to start by the time the baby is born.

DS was early and born when I was still on annual leave. Had to bring Mat leave forward.

I'll probably still be on 'holiday' when I give birth as I'm taking a chunk all at once - my maternity leave is currently officially due to start one week after my due date

You have to start your maternity leave when your DC is born. I had holiday up until 10 days before DS was due. He was born 11 days before his due date and so my maternity leave started then. But I did get the day's holiday back at the other end of maternity leave.

I'm not sure whether maternity leave has to start by your due date though. If the baby is early maternity leave would start early, but I think until the baby is actually born it would be fine for it to be holiday still.

Hopefully an HR person who knows will see this.

the latest I could start my maternity leave is the week of my EDD (i.e. from the Sunday before) but I'm not sure if this is a legal position or just company policy.

hmmmm I'm gonna have to check that with HR I think

I've been told my mat. start date is the day after my EDD, because I need to use my holidays up first (about 7 weeks worth) so i'm assuming that's ok, as HR have told me that.

No, not by your EDD, but maternity leave automatically starts from the day your baby is born, whether that's before or after your EDD.

I work in the Public Sector and I know that my Mat Leave has to start on my EDD or the actual birth of my baby whichever comes first.

Basically if you go over your EDD then your EDD becomes the first day of your Mat Leave.

Kerri x

Actually I'd check with the CAB. I'm not sure that you can be forced to take your annual leave before starting maternity leave (I certainly didn't, but then they needed me as a warm body). You also continue to accrue annual leave while you're on maternity leave. If you don't return to work then they have to give you a cash equivalent (based on your hour/day rate - back calculated if salaried).

I second what kerri said - ML starts on the EDD or on the day the baby arrives - whichever comes first. I went well over my dates with both DDs and my ML started automatically on the EDD.

I'm pretty sure your mat leave has to start on theSunday (Monday?) before your EDD, or when your baby is born, whichever comes sooner.

You can certainly have holiday booked till after that, but if the baby comes early, your mat leave starts.

I haven't planned my baby very well... I work in a primary school and my EDD is 2 weeks after we break up for the summer holidays..... so instead of getting 7 weeks off on full pay, I will have to have started my maternity leave and therefore my reduced pay..... I shall try and plan better next time!

I think it must vary by company, so perhaps there's no legal ruling on this. My company's maternity policy says that the latest I can start maternity leave is "the week after childbirth". I am hoping to still be on annual leave when I give birth and then start maternity leave.

You should be able to take your annual leave at the other end, I think. Obviously that means you will get reduced (maternity) pay sooner, but I don't think you can lose your leave.

I think the main point here is that they're making you take your annual leave first. I don't see how they can force that, unless it is specifically in your contract.

Legally you will continue to accrue annual leave whilst on maternity leave (and bank holidays) and can either take them as leave or be paid for them at the end of your ML. The latest your ML can start is the day your baby arrives, I don't think the due date is relevant.

They cannot take away from you any annual leave remaining when you start ML and you must accrue it as above.