Using holiday to delay start of maternity leave?

[NoMoreWineForMeThen]

Hi

Is it possible to use accrued holiday to delay the start of maternity leave? Meaning that my maternity leave would officially commence after the birth of my twins but I would use my holiday allowance to finish work early?

Initially this was all agreed but my company but following my departure and birth of my boys, my payroll department hard been in touch to say that maternity leave has to commence no later than the birth date.

They will still pay me for holiday on top of maternity pay but of course it will mean that I'll have to return to work earlier than planned.

Can anyone advice whether this is correct?

Thanks in advance!

Why can't you take the remaining leave at the end of your maternity leave so you are having the same amount of time off?

To my knowledge Mat leave has to start on day of birth and no later, by law.
Could they carry forward your annual leave and tag it on to he end of mat leave instead do you don't return earlier than planned?

your maternity leave can not start after the birth sorry

Yes this is correct. Something to do with the mandatory 2 weeks of maternity leave that has to be taken immediately following childbirth. Can you not ask your company if you could carry your untaken annual leave forward and take it at the other end of your maternity leave?

Sorry posted before I finished ask if you can have it at the end like the others suggested that's what I done

Thanks for the replies.

Don't think I'll be able to carry the holiday over to the end of my maternity leave as it will be going into the new holiday year but it definitely won't hurt to ask the question. :)

As you were advised incorrectly I would think that puts you in a good place to ask to carry the leave over. I am surprised you were ever advised this was ok though. All information about maternity pay etc mentions that leave must start in the week that the baby is born. Congratulations on the boys by the way

I was originally told that I couldn't carry my holidays over into a new holiday year, but in the end they let me in order to have a staggered return to work (in essence I spread my remaining 20 days over about 16 weeks so I returned more part time).

They suggested it, as if I was to have lodged an appeal in an employment tribunal (or something like it) the decision would likely have gone in my favour. Apparently the rule is to the effect of the employer doesn't have to let you carry leave into a new year, but as you've accrued the leave by being on mat leave, you are entitled to take it as soon as you can. Someone more knowledgeable could probably put it better than my cackhanded attempt.

Basically what I'm trying to say is ask. If you've accrued the leave, you've got every right to take it.

This exact same thing happened to me. I had around 4 weeks of accrued holiday that I was planning to use as my maternity leave prior to having DD and then start my official maternity leave from the day that she was born. However DD had other ideas and came 5 weeks early which sent all my best laid plans out the window. My work had to start my maternity leave from that time and I couldn't carry over my accrued holiday as it was already accrued from the year before. So I had to take the money instead.

Remember that you accrue holiday throughout your maternity leave so you should have some holiday that you can tag on to the end of your maternity leave that should give you a few extra weeks.

If they don't let you take the holidays at the other end, they will pay you for them. Would that allow you to take the equivalent unpaid leave?