Can your employer tell you when to take maternity leave? Or hint at when you should?

[Kingsroadie]

Hi all - I know there's a thread on when people stopped work but this is slightly different so thought I'd start my own post:

Can your employers tell you when you can/can't go on mat leave? Do you have to "work with them" or can you just inform them?

I only ask as my managers (2), in a completely unrelated meeting with me the other day, started going on about how one of them worked until 39+ weeks etc (she IS the MD of the company though!) and how, if I feel fine etc (and they reminded me how I seemed fine and have had no morning sickness etc) there's no reason not to keep working and "we'll see how it goes". WILL WE? I thought I was the one entitled to decide when I go on mat leave...

I want to leave around 32 1/2 weeks. Because a) my mother had both babies 2/3 weeks early and the same could happen but mainly b) I work in property so have a semi-office job but also running around and c) I want to leave then. I want some time to sort everything out and sleep and see friends etc.

PS. At the moment they haven't even asked my due date and we haven't had any sort of meeting (apart from me asking for one to tell them I was pregnant which took all of 5 mintues). So, having looking on the gov website, I know I have to tell them by 15 weeks prior to due date when the baby is due and when I want to start mat leave. Looks like I will have to do this as I don't expect to have "the meeting" before then, albeit that they acknowledge we "need to have a meeting"...

Sorry for rant but was a bit put out. 16 weeks with 1st baby btw. Thanks in advance for help!

Pretty sure it's your decision! you need to see how you feel at the time, I went earlier than I thought because the commute was doing my head in...

I think its mostly your decision. I think if you are sick and signed off work then your employer can insist you start maternity leave at 35 weeks but that is the only exception.

I'd probably start talking to them now though to "manage" their expectations.

They can't tell you when you should plan on going on mat leave, BUT if you have any pregnancy related illness in the run up they can actually make you go out early. Sounds like they're trying to pressure you into staying until the bitter end. It's completely up to you if you're within the guidelines set out by the government. Do you have an HR department? If so, I would have a meeting with them. My boss kept asking how long I'd be out for, but when I spoke with HR I was told they were meant to assume that I would be taking the full year unless I informed them otherwise.

good luck!

They can tell you when they want you to take your maternity leave, but you do not have to listen!

You decide when you take your maternity leave. As you are planning on leaving for maternity leave prior to the 4 weeks immediately before your EDD, being required to take mat leave due to sickness does not apply. You can take maternity leave whenever you want up to 15 weeks before your EDD.

It is completely your choice. If you plan to take any annual leave prior to maternity leave starting they can dictate when that is taken, but not the ML itself.

I believe its your decision. Completely. Although agree with above posts, they can ask you to leave early for health and safety reasons, they can't ask you to work longer as long as you

a) give you notice on before the 15th week
b) If you want Statutory Maternity Pay (SMP) - see below) you must give at least 28 days notice of the date you wants to start SMP + MAT B1 form.

see www.workingfamilies.org.uk/asp/employer_zone/e_fs_maternityleave.asp although I think you've already read that stuff by the sounds of it.

It doesnt matter what your reasons are - if you need the time to chill, sort things out etc thats entirely up to you. You can leave up to 11 weeks before you're due I believe.

I didnt, because I couldnt afford to, but had I had the choice I would definately had gone on leave before week 38.

Its unfair of your boss to put pressure on you - but shes probably trying to 'subtly' (!) let you know she'd like you to work as long as possible. It may or may not help working relations to compromise, but as stated by everyone else, that doesnt alter the fact that it is your decision, not hers.

Thanks a lot guys - you have confirmed what I thought! Obv if I can help them out I will try.

lastboxoftampons - no HR dept sadly - we are a very small company. It would be a hell of a lot easier if there were one...as it is I have to deal with the big bosses which takes the objectivity out of it a bit!

I really don't like making a fuss etc and am not the sort of person who will intentionally piss people off but it sounds like they wil be less than happy with my decision - when I eventually tell them - but I will just have to try and ignore them and do what's best for me. Just need to make sure I do everything by the book re notice etc (and as an ex-lawyer I will make sure I do!)

Thanks everyone.

A lot of people do want to work up until the last moment so they can spend their maternity leave with their baby, so it's not that unreasonable for your boss to assume you'll be the same especially as you've been fine so far, haven't said otherwise and she worked up until the last minute and so knows how it can work. If you want to leave earlier I'd let them know your plans as it could be they are assuming in all innocence that you will want most of your ML with your baby but will have no problem with you leaving earlier if you prefer. The whole 'see how it goes' could have been a reiteration of this flexibility.

I see what you're saying Nekabu - perhaps I should just assume that they were assuming I would want to work as late as possible in all innocence. I just felt a bit bullied in the meeting as I don't think it was handled very well tbh, but I see your point and me feeling a bit villified isn't going to be productive in any event. I do want to tell them about my plans but the MD keeps saying "we need a meeting but there's plenty of time yet" etc. I will ask for one soon though as do I want to give them as much notice as possible.

Also, as an aside, her job is a lot more desk-based than mine, so arguably easier to work later in pregnancy.

Thanks to everyone for advice!

Can you drop them an email? One to them all just saying in a friendly way that you know everyone's pretty busy and finding time for a meeting seems to be a bit tricky so you're just wanting to let them know in plenty of time that your plans are to leave at 32 1/2 weeks. If you let them know now then that's that sorted. I'm sure they just think you're going to be working up to as late as you can because it's quite common though and that there won't be any issue with you leaving when you like. Good luck!

Yes good idea - I will do that! Thanks...

Hi

I am looking to piggyback on this post and get some much needed advise.

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.

That doesn’t sound right @lisar71024. Your entitlement to leave is as you have read online - you can start from any time 11 weeks before the week of your EDD, and you are entitled to take up to 52 weeks leave. This is about leave entitlement and every woman in employment is entitled to this leave, regardless of the pay arrangements. It’s up to you how much leave you want to take from within this entitlement. The on,y stipulation on you is to provide the correct notice.

When it comes to accrued leave in your company, typically many companies encourage or have a policy where any outstanding annual leave entitlement is taken before maternity leave starts, because whilst you’re on maternity leave you are usually still accruing annual leave. So if you didn’t take your current year’s leave allocation before going on maternity leave, you would have loads of leave accrued on your return. However what this usually means is taking any leave entitlement prior to starting your maternity leave. A lot of women like to add it to run immediately before maternity leave, eg taking two weeks annual leave immediately followed by starting maternity leave, but it’s up to you and your company policy exactly how you manage that. Annual leave shouldn’t have any bearing on your maternity leave beyond company policy requirements such as to take it prior to maternity leave, as above.

@lisar71024 just to clarify, we’re talking about maternity leave entitlement. Annual leave is a separate thing altogether (just realised my opening para only says ‘leave’).

See the Gov.uk employer guide - to be eligible for Statutory Maternity Leave (not SMP), you must have an employment contract and give the correct notice. That is all. The employer cannot refuse maternity leave or change the amount of leave the employee wants to take (within the entitlement).

Sorry to keep adding... but @lisar71024 given the dodgy response on your maternity leave, are you absolutely certain that you are not entitled to SMP? If so then fair enough, and you may be entitled to Maternity Allowance. Unfortunately I’ve found information on these things isn’t always forthcoming so I prefer to say what you might already know than not mention it in case you don’t!

My works are the same saying I cant go on leave then because its Easter

@Helsvamp if this is maternity leave, you are entitled to take it as requested provided you have given the proper notice and it is within the entitlement period (ie no more than 11 weeks prior to your EDD). The whole point is you notify your employer of your maternity leave, it’s not a negotiation (though it’s natural to have a discussion, particularly if you work for a nice employer and you want to avoid any particularly obvious dates, but I’m talking if you felt inclined to go on a Wednesday instead of the Monday because of a big conference for example, not wholesale changing your maternity leave).

I despair of the number of employers who do this wrong

@beforeihit30 thank you very much for such a comprehensive response and taking the time to write it. I spent the last week looking up statutory policies on gov.uk and various blog, so I was very surprised at my HR's response. I am really relieved after reading your response.

Re the SMP, I am sure about it. I wouldn't been been employed for 26 straight weeks 15 weeks before EDD.

Funny that the HR got the calculation for mat pay correct but not for mat leave!

No problem, I hope you get your leave issue resolved!

@beforeihit30 I am on probation at work. Would that impact the 11 weeks from EDD policy?

@lisar71024 no, probation is a company policy - Statutory Maternity Leave is a legal entitlement. All you need is a contract of employment with the company to be entitled to SML, which you should have even if you are on probation.