Mat leave/holiday query

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Hi there - I am taking 4 weeks hol in advance of my due date, which is when I want my mat leave to start (I lose the holiday entitlement if I don 't take it in advance).

If I have the baby early, then contractually my mat leave would have to officially start on that date - BUT do I have to tell them, when it would not be in my interest to do so?? e.g. if I give birth 1 week before my due date, can I not just keep quiet? (I'll be on holiday anyway so how would they know?)

Any replies much appreciated!

Who says you lose your holiday entitlement if you don't take it in advance? Your holiday entitlement is yours and your company can't take it away from you just because you have your baby a week early.

Thanks. I'm confused about this now. You're the 2nd person who's said this, yet my HR dept (large company) is adamant that I'll lose it. Looks like I'll have to take it further with them as sounds like a very unfair term!

you shouldn't lose it - in fact it should still accrue whilst you are on ML...

Is it some quirk of when you intend to take your holiday - I mean, is it at the end of the annual leave year and can't be carried over?

Yes depends what your contract says i had the same thing and says in my contract that holiday entitlement has to be used before mat leave so i took 2 weeks before going on mat leave, and if you have baby early i don't think this will or should affect your holiday entitlement...check this online..must be someone here that has a website you can go to!! Mine too a large company...i work for woolworths!!! Check contract terms!!

Our holiday year is Jan to Dec and I'm due in June. They're saying that I'm entitled to a full year's worth of holiday but that I must take 140 hours of this (the statutory element) before my due date or lose it. They're prepared to pay the excess, or let me carry up to 5 days over to next year.

Yes it will still accrue whilst on mat leave and i think it does have something to do with it not being carried over.

Trust me.

I'd be inclined to just ask them the question - you obviously have 4 weeks to use, which you are planning to take 4 weeks before due date, just say to your HR contact, probably in an email, 'Obviously that is my holiday entitlement which I can't lose, so what will happen if I have my baby early, which will force my maternity leave to start? Will the leave be paid to me as a lump sum on top of my maternity pay or will I be able to take it after my mat leave ends?'

Just don't give them the option to take it away from you.

x-post with everyone while i was on the phone!

Yes this is because they will assume you are taking 6mths paid leave and so this would take you to dec or just before and a lot of companies do not allow holiday in dec..mine won't because it's busy period!!

In my company you are not normally allowed to carry leave over into the next leave year, but I am allowed to do it if I still have any entitlement left when I go on mat leave.

Flowery is right, they should either let you take it at the end of your mat leave or pay you the difference.

Thanks all
Jammi - I know I'm supposed to tell them if the baby arrives early, but how would they know if I didn't?

I just had a look at the HMRC website, it's long and wordy so I'm not linking it but it says if your baby is born before your maternity leave starts, you must provide medical evidence not only of when your baby is due but also when it is actually born. I know you are saying maybe not tell them the baby has arrived, but you may jeopardise your SMP if you lie to them.

Best bet is to make them give you what you are entitled to in the first place I reckon. Just ask how you will receive holiday pay for days not taken if your baby is early. Not if; how - will it be in a lump sum or will you be allowed to carry it over.

I'm sure it will be fine.