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Pregnancy

Talk about every stage of pregnancy, from early symptoms to preparing for birth.

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Original poster

Can my boss deny mat leave

26 replies

Andysgirl15 · 11/08/2016 11:02

I'm 21w3d and I'm insanely bored in my job. I'll explain a little. My actual job title is support worker for autistic adults but I can't support while pregnant as the residents are high risk to me so I've just been shoved in an office scanning the last couple of years invoices. It is mind numbingly boring so I'm forever taking holidays or sick days just to get out of it.

Anyway my question is, Im wanting to take my mat leave at 30 weeks on 14th October and I'm wondering if my boss will say no and to wait a little longer. Can they do that?

I'm not entitled to maternity pay from work as I wasn't with them 26 weeks up to me being 15 weeks so I have to rely on SMP from government. I'm assuming because they don't have to pay me anything there should be no issues with mat leave, should there??????

OP posts:

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PotteringAlong · 11/08/2016 11:06

No, you can start whenever you like, but taking maternity leave from 30 weeks is really really early.

BuzzzyBeee · 11/08/2016 11:06

You are allowed to take maternity leave from 11 weeks before your due date as standard so not I can't see it being an issue. Check your company handbook for their maternity leave policy.

BuzzzyBeee · 11/08/2016 11:07

11 weeks before the expected week of child birth actually. So from the start of your working week 11 weeks before the due date. Sorry thought I should clarify that.

StealthPolarBear · 11/08/2016 11:09

You're taking sick days because your work is dull?
They do sound crap but that's not good

Original poster

Andysgirl15 · 11/08/2016 11:16

I don't take many sick days otherwise I'd be skint lol. I suppose I take them because I know I can't be monitored aswell but my boss is an amazing guy he let's me choose my own hours, works around childcare and I don't even have to pre book holidays he just tells me to take them when I want. I know my boss would definitely allow my mat leave at 30 weeks but ultimately it's not his decision it falls on admin and let's just say they aren't the nicest people.

I get shoved on a landing outside a photocopier from 9-3 there's no windows, air con or fans and it is insanely hot up on the landing even on a cold day so you can imagine how hot is was when we had the boiling weather the other week.

I just want out asap then start back next year doing what I actually love which is supporting.

OP posts:

Genvonklinkerhoffen · 11/08/2016 11:18

I agree with stealth do everyone a favour and go on Mat leave. Cheating your employer isn't cool.

Wondermoomin · 11/08/2016 11:20

Look on the government website for very detailed guidance as to maternity leave - you can choose when to start it but there are certain notice requirements.

Stop taking sickies just because you're bored - that's completely out of order and very disrespectful to the boss you say is being so good to you. Sorry to be blunt but it's the truth.

noblegiraffe · 11/08/2016 11:23

You might regret taking so much maternity leave before the birth when your baby arrives and you realise it means less time spent with the baby. And you might think now that you won't mind, but babies have a way of changing your mind and your priorities.

MrsJoeyMaynard · 11/08/2016 11:23

You can start your maternity leave at 30 weeks, but I think employers can legally delay the start of maternity leave if you haven't given them the correct amount of notice of when you intend to start maternity leave.

So I'd check that you're giving them at least the minimum length of notice before you go off.
The gov.uk website should have guidance on that if it's not covered in your work maternity leave policy.

Primaryteach87 · 11/08/2016 11:25

You won't get SMP, you'll get maternity allowance but financially it's basically the same. You'll need a firm from your employer stating you aren't entitled to SMP because you haven't worked long enough. You then apply with your maternity certificate from your midwife.

That aside, you can go maternity leave from 30weeks and they can't stop you. Do go to work if you can before that though! I was horrendously unwell in pregnancy and would hate for people to think I was 'pulling a sickie' when I couldn't move! You'll give us all a bad name!

StealthPolarBear · 11/08/2016 11:31

In fairness that is exactly what the op is trying to do. And it does sound like she's gone from a jon she likes where she uses her brain to being stuffed in a cupboard wih the photocopying.

April241 · 11/08/2016 21:51

You need give 15 weeks notice before you intend to go off where reasonably possible, so if you wanted to start mat leave at 30 weeks you'd need to have told them by 15 weeks and sent in your MATB1 form and application form. You should get your MATB1 at your 22 wk mw appt although some get it later.

Give HR a call and ask them about it incase your policy differs, I was only able to give 10.5 weeks notice before my mat leave start date and HR were okay.

Also if you decide to start at 30 weeks then decide that's too early you can change your date if you give 28 days notice.

thenewaveragebear1983 · 11/08/2016 21:54

I started my last maternity leave at 30 weeks, because it was my 3rd dc and I knew I wasn't returning to work. I also like you worked in a high risk environment so was basically an admin flunky for 5 months prior. It was nice to have time off, but beware that it is pretty dull at home, unless you have lots of friends also off work. Also, a lot of my activities focused around going out for lunch, coffee, cake or popping to tesco....I got really massive!

April241 · 11/08/2016 21:58

Agree with pp about being bored at home, I'm 28+6 and been signed off from work since 25 weeks...bored doesn't even cover it >

MrsJoeyMaynard · 11/08/2016 22:16

Are you sure that's right, April?

The gov.UK website says you have to tell your employer at least 15 weeks before the due date what date the baby's due and when you want to start your maternity leave. They also say that the earliest you can normally start maternity leave is 11 weeks before the expected week of childbirth. So if you told your employer this info 15 weeks before the due date, and then went on maternity leave 11 weeks before the due date, that would be a 4 week gap, which would suggest giving your employer 4 weeks notice of start of maternity leave is the minimum required.

They don't say anywhere that I can see that an employee has to give the employer 15 weeks notice of when they intend to start their maternity leave.

www.gov.uk/employers-maternity-pay-leave/notice-period

www.gov.uk/maternity-pay-leave/leave

thenewaveragebear1983 · 11/08/2016 22:18

I also had the benefit of knowing exactly when baby would arrive and it being 38 weeks. You could go to 42 weeks potentially. If you're planning to go back your baby will only be 6 months old when your smp runs out.

dementedpixie · 11/08/2016 22:22

You can change your maternity starting date with 28 days notice and need to give 8 weeks notice of a change of return date.

dementedpixie · 11/08/2016 22:25

And you need to tell them 15 weeks before your due date that you are pregnant, when your baby is due and when you want maternity leave to start, so you need to tell them when you are around 25 weeks pregnant

April241 · 11/08/2016 23:06

Sorry I'm just going by my work but others will of course be different. I needed to tell them 15 weeks before my intended start day of maternity leave which is at 33 weeks but HR had explained to me this was the policy everyone goes by, apologies if it's not.

I didn't get my MATB1 form until my 22wk appt on the Friday and sent it away with my application the following Tuesday so I didn't give the full 15 weeks notice. I called them up (total panicker) and they said not to worry as I'd let them know it was on its way.

However it only took 2 weeks for all the paperwork to come back so I don't know why they insisted on doing it so early. Especially if the gov website only asks for 4 weeks! How odd.

dementedpixie · 12/08/2016 06:55

I think they have misinterpreted the information then. You do not even need to tell them you are pregnant before 25 weeks never mind give 15 weeks notice of when you want to start leave.

www.gov.uk/employers-maternity-pay-leave/notice-period

dementedpixie · 12/08/2016 06:56

And they can't just make up policies to suit themselves

Wondermoomin · 12/08/2016 08:35

agree, it sounds like a misinterpretation. Your employer can^ have their own policies - but they must be equal or better than statutory (for example, for occupational maternity pay - ie enhanced pay over and above statutory - and they can specify conditions on that if they please, but that sort of notice requirement would never be reasonable)

April241 · 12/08/2016 08:51

Oh dear, all the panicking over nothing! Ocht well it's sorted now so that's all that matters I suppose :)

seven201 · 12/08/2016 15:00

Stop pulling sickies!

lisar71024 · 12/02/2019 14:43

I am looking to piggyback on this post and get some much needed advise.

I asked the HR when is the earliest I can take my mat leave from and they only calculated the last date based on my accrued leave. This means, I will have to work a week before my due date. HR didn't include the 11 weeks from due date (as mentioned in Gov.uk) in her calculation. I am not enjoying my job (just joined in Dec) and am mentally exhausted. So I really want to start my annual leave early. I also won't be qualifying for the SMP.

Is it normal to not include the 11 weeks when calculating the mat leave start date? Is it within employer's right?

Please help! I am speaking to the HR again tomorrow, so would want to know my rights.

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