Maternity & Annual Leave

[HSunflower]

I'm hoping to get some advice regarding Annual Leave and Maternity Leave!

Our first baby is due 26th July 2020, and I would ideally like my maternity to start on the 27th July, however take 4 weeks annual leave prior to this.
I am currently able to access 5 weeks annual leave, however my employer has told me I can't 'save' my annual leave up and use it in one go, although I have no other need for it. Despite this, I'm only able to carry over 5 annual leave days - Annual leave runs from October to October.

What is everyones experiences with annual leave and Maternity?
Have you been required to use before your maternity leave starts, or have you been able to carry this over in preperation for when you return?
Where do I stand with challenging their decision to decline my request?

Any advice or personal experiences regarding this would be much appreciated 💛

How much were you wanting to carry over? You should try to use this years entitlement before you go on maternity. Why would you want maternity leave to start the day after you are due? If your baby comes early your annual leave would stop and you'd go on to maternity leave.

Where I work, you have to use what you have a accumulated before for go so 1st april - when you go on mat leave. Leave you accumulated whilst on most leave can be bolted on you mat leave at the end.

It baby comes early, then my annual leave would stop and turn into Maternity which is absolutely fine. Then any annual leave which is exchanged to maternity would have to be carried over regardless.

Ideally, I didn't want to carry any annual leave over, I would rather use it all before maternity, however this is the issue, I am being told I'm not able to.

I'm just wondering whether my employers are allowed to decline my annual leave before my maternity, despite them Limiting any carry over of annual leave. Therefore suggesting I will loose it all.

You should be able to use it before you go, but if they won’t allow it, you will be allowed to carry it over to the next year this will also include any bank hols while you are on mat leave. But be warned mat leave kicks in from the day baby arrives, so if early you’ll have to go an maternity leave then, even if scheduled to be on annual leave.

Is it just that they wont let you take 4 weeks in one block? Can you take 2 weeks before and the other odd weeks here and there?

If they saying you can’t use the annual leave you’d accrue from July to October in one block but could split it then that’s fair enough. Many places usually require enhanced approval for anything over 3 weeks. Check your employee manual about length of al allowed in one block. However, if you can’t use your annual leave and If you aren’t allowed to carry this, thats a different story. You’ll continue to accrue for the new year from October. I used my annual leave in the couple of months leading up to my due date to reduce my working week; did a period of 4 day weeks then 3 day weeks before a block off two weeks. Found this made it easier in the final months too. Might be another option x

Thank you ladies for all your replies!
I'm thinking I'll need to take my 5 weeks leave in 2 seperate blocks, which will make it easier for my employer to approve.

Come April my commute to work will be longer, so the split holiday make work better to give myself a break between.

Thanks again 💛

That’s really harsh of your employer! Why can’t you take it in one block?! I took 5 weeks of annual leave before my first child. I’ve taken 3 weeks this time. It makes sense!

This is your employer being difficult, not any kinda legal rule. They just don’t want you to use it all at once for some reason. They do however legally have to let you use your annual leave if you are requesting to use it, so they must let you carry it if they are refusing to let you use it at this side of your maternity.

I’d personally say to them you’ll either start your maternity 4 weeks before your due date and use all the holiday as well through the year (thus more time out the office) or you will take all 4 weeks before your maternity & have no other time out the office until then. As a manager, I know what I’d prefer!

Sounds like your annual leave policy rather than any kind of legal issue. A lot of workplaces wont allow more than 3 weeks leave in one chunk - mine being one of them. I'm using 2 weeks leave prior to maternity starting and carrying over 10 days (the maximum in my workplace).

I will say though - legally, I dont think you can start maternity leave the day after your due date. I'm pretty sure maternity leave has to start the day before - so 25th July in your case!

That’s really harsh of your employer! Why can’t you take it in one block?! I took 5 weeks of annual leave before my first child. I’ve taken 3 weeks this time. It makes sense!

This is your employer being difficult, not any kinda legal rule. They just don’t want you to use it all at once for some reason. They do however legally have to let you use your annual leave if you are requesting to use it, so they must let you carry it if they are refusing to let you use it at this side of your maternity.

I’d personally say to them you’ll either start your maternity 4 weeks before your due date and use all the holiday as well through the year (thus more time out the office) or you will take all 4 weeks before your maternity & have no other time out the office until then. As a manager, I know what I’d prefer!

www.citizensadvice.org.uk/work/rights-at-work/parental-rights/rights-while-youre-on-maternity-leave/

i was told by someone i work with i need to use all my holiday before i went as our leave is jan-dec and baby is due in May which means i would have to carry into new year, 6 weeks before baby is born. I found the above link which states you can carry it over.
I've gone back to them with this link and taking 1 week before SMP kicks in and then remaining weeks at the end of my maternity.

To be honest, I think that's fair enough that they don't want you to take it all on one go. Could you take 2 full weeks before maternity leave kicks in and then before that take 2 days off a week to make the week's shorter for you if that makes sense? For example work Monday - Wednesday and take Thursday and Friday off as AL for a few weeks?