question about maternity leave

[tomkitty]

My company has a really good maternity leave policy, at least I thought so until I got the maternity leave speech on Friday.

I am entitled to take 52 weeks off work in total (statutory leave + additional leave). The problem is that they say that if I want to take all 52 weeks, I have to begin leave 15 weeks before the week my baby is due. I can have a maximum of 37 weeks after the baby is born.

Like most women, I had hoped to work until just 3-4 weeks before and take most of my leave with the baby afterwards.

Anyone know if this is legal?

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I didn't think an employer could dictate when you start your leave unless you are 28 weeks and off sick due to pregnancy, even if you were in a physical job, but can't recall where I read this. Have you tried contacting the Maternity Alliance ?

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Have a look here but I'm not sure it answers you specific query. Have you been employed long term with this company or could it be a ploy to stop you claiming maternity pay from them ? (SMP is refunded to them by Govt but anything over and above not)

You decide when you want to start. Some companies do say you can't work past 36 or 38 weeks for H&S reasons (don't want you giving birth in the office).
Thye can no longer force you to start if you are off sick with a pregnancy related illness after 29 weeks either - they have to pay you sick pay up until your intended date of leaving.

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Agree with everyone here, it's up to you when you start your maternity leave, you can work right up until the day if you want.

Thanks for your help.

I have worked for this employer over 7 years. I must not have been paying attention when they changed the maternity policy 2 years ago. It is actually part of my employment contract.

The old MLP said we could take max 41 weeks after the birth and max 11 weeks before the birth.

I think they know that most women won't want to leave work that early and it discourages us from taking the full amount beyond the SML they get refunded.

tomkitty, I think they can only impose this if they are giving you a maternity package better than statutory. if so, then as a conidtion of getting more money or whatever, they can require you to meet those tersm. however I think you can choose to just take the statutory rights, ie 52 weeks off, 6 weeks at 90% pay, however many weeks at £100 per week, start whenever you like (but not later than the date you give birth!), and forgo their package if you like.
Does that make sense?

makes perfect sense, pph

I will work out the figures and then decided to either grin and bear it or opt out, whichever is better for me and baby. thanks

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