Does HR only use accrued annual leave to calculate when mat leave can start from?

[lisar71024]

Hi

Looking for some much needed advise (I posted this a few thread but they are really old, so not sure it will get picked up)

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.

Surely you can start it any time from 29 weeks. You tell them when you want it to start. What holidays are due to you? You could take some beforehand if you have accrued them and then you will accrue more while on maternity leave

You can take maternity leave from 29 weeks. I assume you're not entitled to any maternity pay because you've only been there since December so won't have worked enough weeks. Your post isn't very clear, annual leave is different to maternity leave.

You can take maternity leave from 29 weeks but you will only get the government maternity allowance and only for 9 months from the date you started your maternity leave.

I assume what HR have calculated for you is how much annual leave you will be entitled to take before then, which is about one week?