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Original poster

Annual Leave and Maternity Leave

13 replies

VapeVamp12 · 09/07/2019 08:45

I’ve saved a little over three weeks holiday to take before I start actual maternity leave but wondered if anyone knows if my baby comes in those three weeks does ML just start automatically and if so do I then lose my holiday time?

Part of the reason for saving my holiday is so I get full pay for the first few weeks off!

I mentioned to my office manager (we don’t have a HR as were a very small company) and she said I’d lose my holiday because it’s company policy that holiday can’t be used in the following year.

Now I’m not sure if I should just take a week off in the summer (baby not due til November) just in case I lose some!

I’m the first pregnant lady at my company so we’re learning as we go!

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gothicsprout · 09/07/2019 08:51

Your maternity leave does start automatically when baby is born, even if that’s sooner than you planned. I think the latest you can technically start it is therefore the due date, but hopefully someone with more HR knowledge will answer to confirm.

In terms of carrying over annual leave, I think your work has to not treat you any differently because you’re pregnant, but i’m not sure how that would play out in practice. If someone was off on long term sick leave, would they also not be allowed to carry over leave?

Original poster
VapeVamp12 · 09/07/2019 09:04

@gothicsprout I did think that about the annual leave. My mum who is ex NHS says she thinks you can add annual leave on before or after maternity leave and the carrying over rules don’t apply but my office manager doesn’t think so!

OP posts:
NewMama2Be · 09/07/2019 09:08

I'm pretty sure I was told any annual leave that couldnt be used because of early mat leave kicking in would be carried over to the following year. My company doesn't allow holidays to be carried but I'm sure HR said in pregnancy it's an exception, you're more protected. Worth querying.
I know for example that even though we're not allowed to carry holidays over, the annual leave I'm due beyond my baby arriving (ie. Not yet accrued) is being added on to my entitlement for next year.

PancakesAndMapleSyrup · 09/07/2019 09:09

Carrying over rules don't apply because of some fact you cannot be both on Maternity leave and on annual leave at the same time. You physically cannot take the annual leave if your baby has been born due to the mat leave laws so you would be put at a detriment for simply having had a baby. I would go back to your manager/HR person and discuss this with them again and see if you are unable to take it because baby has been born that it gets rolled over but tacked onto the end when you finish your mat leave period.

Original poster
VapeVamp12 · 09/07/2019 13:17

Thanks everyone I will have another chat with her later - I’ll try and find something on ACAS or similar that I can send her a link to

OP posts:
CornishMaid1 · 09/07/2019 13:22

You can carry it over. The following link from acas may help.

www.acas.org.uk/index.aspx?articleid=4289

cakeordeath89 · 09/07/2019 16:45

Thanks @CornishMaid1 - thank link is really useful - I spent ages looking but couldn't find that specific one, so grateful!

I had exactly the same query as the OP (with baby due in November) as originally my HR (of a large company) were adamant I would lose any outstanding holiday entitlement if my baby was early and I hadn't taken my outstanding leave but I disputed this - essentially how would I be able to plan for my baby to be early and I really don't want to bring forward my maternity leave start date in case the baby is late and I end up wasting that time I could have with them.

My thinking is what if it was due in April, how on earth on women able to take all the holiday before hand. The HR advisor went to the Manager who advised that I could carry it over after all. I think it's because company policy is now that we can't carry over any holiday but maternity leave and the issues with taking leave before the end of the year should supersede this. I've even offered to just have it tacked onto the end of maternity leave so as to avoid any disruption in the office.

Silversky70 · 09/07/2019 16:47

You can definitely carry it over, and if you were on lo g term sick leave. If you dont return they'll pay you for it.

stucknoue · 09/07/2019 16:50

Maternity leave kicks in the day the baby is born so if your company refuses to let it roll over to next year you would loose it, however being a small company they could allow you to roll it over if the baby is premature but I would use it before 37 weeks when the baby is term officially

Wormentrude · 09/07/2019 17:05

How does your company know when the baby's born, though? My baby arrived early while I was still on AL - my ML didn't kick in until the end of the week in which she ended up being born. I didn't notify HR when she came, so I don't see how they could know!

hels1987 · 09/07/2019 17:05

Hey. I'm in the same boat. My baby is due in November and I have saved four weeks of annual leave to take before she arrives and then my mat leave will start on my due date. My area manager has stated that if she arrives before my due date when I'm on holiday that maternity pay will kick in but that any unused holidays I will be paid for at the end of the holiday year, so in March. Maybe you could ask your work to do the same if need be :) xx

Jellybaby13 · 09/07/2019 21:36

My HR department told me that all my holidays from this year will be carried on to next year, this also includes bank holidays that are missed during maternity leave! Don't think it's just our company though....think this is a law thing...

HiJuice · 10/07/2019 20:53

Just don't tell them if it's born early

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