Can you start your maternity leave after your estimated due date?

[twobecomethree]

Hi there. I'm due with DC1 on 28th Dec by the EDD from my scan yday and I've got a maternity leave question I hope some of you may be able to help with please!

I intend to finish work early-ish Dec and take annual leave up to 20th. My work is then closed from 20th-2nd Jan. These are 'enforced' closure days that we get paid for but luckily don't come out of our annual leave allowance. Therefore I was wondering (madly hoping!) that it would be possible for me to start my maternity leave on first working day after my due date on 3rd Jan as this gives me a bonus week IYSWIM! Is this allowed? This would then mean I can go back to work a week later in the summer.

I've tried Google and the DWP website+it's clear on earliest date you can start but not latest so any experience/pearls of wisdom you have will be gratefully received. Thank you! x

i think you can as long as you havent had the baby by the date you want it to start.

Yes, you can, but if you have the baby it will automatically start on the day the baby is born. HTH

Not sure about that, I know jessebunni is right though, if u had the baby your leave would start from the date of birth.

No you cannot. But you can't be on maternity and holiday so you should be able to carry over those days of holiday so you don't lose out. They can't discriminate due to maternity.

EDD is the latest you can start unless you have the baby early then leave starts the day after birth. Google "maternity leave" and "DirectGov" and you'll find the legal position.

Can you link Celine? Nothing I can find says that's the case?

No I'm on phone. Can only do a mobile link. It should be there.

Forgot to add, as soon as the baby is born you must take "compulsory maternity leave" for first 2 weeks (4 if factory worker).

I'll try to do a business link link. They go less funny

Nope. It just talks about the earliest date. All I can find is this on the Business Link website, which says it can start any time up to the date of birth.

I was trying to find the legislation. Is it the Maternity and Parental Leave regs. Are you a lawyer? Can't find an open access amended version, and don't have my work login.

Here you go: www.businesslink.gov.uk/bdotg/action/detail?itemId=1080898407&type=RESOURCES

That says any time up to the birth... You really would think these answers would be easily accessible wouldn't you? Gah.

Thanks for the responses. How do work find out when your dc was born, do you have to provide a copy of birth certificate? I'm not suggesting that I'd lie about date, I just didn't realise I'd have to be in contact with them after birth!

I agree youlllaughaboutitoneday!

I can't remember how my work found out officially about DD2 being born (could have been something to do with me texting my boss about 20 mins after I'd had her to let her know!) - good question! (I had DD before I'd started maty leave. My maty leave was brought forward by a week and I added the converted AL onto the end of my maty leave)

I think if you have the baby before maty leave starts you have to tell them??

I think your maty leave starts automatically when the baby is born, your outstanding leave should be taken at the end before you go back to work IIRC.

IIRC you have to take your mat leave from the Sunday before your baby is due, and if that's when you have it booked for but the baby comes earlier, it starts the day after the birth. But, you need a doctors note (again, IIRC) to say that you're fit to work past 36 weeks.

Missing - I think that used to be the case, but I'm pretty sure it has changed now. The bit about the doctor's note definitely doesn't apply now- they can just start your maternity leave if you are off sick with maternity related issues after 36 weeks (might be different in factories, etc).

OK that's good- less complicated.

Sounds exactly like my T&C's at work - on the off chance you work for the same large employer the info on maternity leave on the HR webpages is quite detailed. From what I understand where I work you accrue holidays and closure days when on maternity leave and these need to be taken in the same year with up to 5 carried forward. So you could go on maternity leave, accrue the Christmas / NY closure days, carry them forward to the next year and then take them with the following years holidays at the end of your maternity leave to add on extra time in agreement with your Head of Dept.