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Original poster

Maternity leave - giving an exact date

11 replies

Est103 · 29/12/2020 13:25

Hi,

I'm currently furloughed and have now been made aware that I will be up until my baby is due (mid Feb).
I'd like to start by maternity leave the day after I give birth, as the 1 or 2 weeks I would have used up resting before the baby is born will now be better used after the baby is born, given I'll be at home anyway.

Does anyone know if I have to give an exact date for ML to start, or can I just say I'd like it to start as soon as the baby is born (of coure giving them the news as soon as reasonably possible)?
They already have my MATB1 so know the exepcted week of birth and I know I need to give them at least 28 days notice to change the date, but I'm just not sure if I have to give an exact date.

When it comes to maternity leave, my employer is not reasonable, sympathetic, or kind unfortunately so unless it's legally ok to not give an exact date it's not worth me raising it with them.

Anyone know if it's worth changing the start, or in a similar situation?

Thank you!

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superram · 29/12/2020 13:26

The latest date you can give is your due date.

GoogleyB · 29/12/2020 14:26

You have to give an exact date, you can put that as your due date but no later, so if you go over you will have used some mat leave up before baby is born, there is no choice in that though
If baby is early, even if you've stated your due date as your start date, your maternity leave will automatically kick in at that point
Best thing to do is put your due date as mat leave start date and allow early leave to kick in if baby is early (as long as your company allow this, for example the latest my company will allow is the working date before due date, I'm due 2nd jan but first day of mat leave is 31st dec due to a Saturday and bank holiday)

movingonup20 · 29/12/2020 15:00

You have to give a date, the latest date is your due date, if baby arrives before then your leave started on the day they are born

BobBobBobbing · 29/12/2020 15:19

It is possible to say that your Mat leave will start when your baby is born. I did that twice- the second time going up beyond my due date (40+6). The mat leave officially starts the day afterwards in those circumstances.

It is not a very common approach (my job is in employment law and my HRteam didn't realise it was possible).

BobBobBobbing · 29/12/2020 15:21

www.acas.org.uk/your-maternity-leave-pay-and-other-rights/taking-maternity-leave

This explains you can work until your baby is born

Lottie917 · 29/12/2020 20:04

You do need to give a date but your employer can work with you to ensure your mat leave works best for you.

I've agreed with my work that I can continue to use up holiday days until my baby is born and start my mat leave on this date. The way we've done it is I've set my mat leave start date as two weeks after my due date and if baby arrives earlier my mat leave just kicks in from then. Obviously they are now relying on me to tell them ASAP once bubba arrives, but they were fine with that approach.

A colleague of mine also did the same kind of thing but with furlough so I guess more similar to your situation. She was furloughed back in the summer and started her maternity leave on the day (or possibly day after, not too sure) her baby was born and our employers were fine to work with her on that basis. I think she gave her mat leave start date as the date two weeks after her baby was due (same as me) but her baby arrived much earlier so her mat leave just started then.

Hope that helps!

ALew15 · 29/12/2020 20:16

Hi sorry to jump on the post, I'm a FTM due 15th March. I plan to start my Mat leave 2 weeks before my due date, which would be 1st March. I've still got lots of annual leave remaining, I'm taking this before my maternity starts- this is the concerning bit... my employer has said that if I go early while I'm in my annual leave that my maternity kicks in(which I understand) but then I won't get paid my annual leave. Is this wrong? Surely I've worked for that and they can add them on before the annual leave cut off ends 31st March ??

FelicityPike · 29/12/2020 20:18

I gave my due date and my DD was born 9 weeks early, so it began the next day.

ScottishStardust · 29/12/2020 20:23

@ALew15 - they can't put you holiday pay when you are being paid maternity leave.

They'll need to let you carry over any untaken leave for when you return from maternity leave - which you can take before you return to work (at full pay)

OP - you can put your maternity start date as your due date! If you go before then, they'll just kick in your maternity leave.

BobBobBobbing · 29/12/2020 21:46

You really don't need to give a fixed date. You can put on your notification that you wish to start your Mat Leave when the baby is born. It is only if you want to start Mat Leave earlier that you provide a specific date.

Original poster

Est103 · 29/12/2020 23:23

Thanks all! Bit mixed responses but after reading the ACAS guildlines I called to double check and they confirmed you don't have to give a fixed date - you can just say you want it to start from when you give birth.Thank you all for your responses.

I guess it's very uncommmon as most women don't want to be at work when they might give birth, but given the current circumstances it works in my favour! :)

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