Please or to access all these features

Add post

Watch this thread

Save thread

Start a new thread

Flip thread

Hide thread

My feed

Active Unanswered threads

Getting started FAQ's

Unanswered threads Acronyms Talk guidelines

Hide shortcut buttons

Talk

Work

Chat with other users about all things related to working life on our Work forum.

Flip

Original poster

any maternity leave experts out there? - pleeeease?!

17 replies

romilly · 23/02/2006 19:14

Re: when to start SMP date - does anyone know how this works? my boss's accountant is saying that i have to start maternity leave at the beginning of Feb as i left work then - but i wanted to take the first month as holiday owed to me then start mat. leave officially from my due date. he says this is not how it works, is that true?

OP posts:

LaylaandSethsmum · 23/02/2006 19:19

If you have enough annual leave then you can take that and then start your maternity leave from whenthat finishes. I did this I finished work on 7th october but my paid mat leave didn't start until the 23rd!! Thats your annual leave that you have accrued and are therfore entitled to it. Look at Maternity Alliance website for more info!!

koalabear · 23/02/2006 19:22

romily - laylaandstehsmum is right - the only time this would be different is if you actually delivered your baby early whilst you were on your annual leave - if this was to happen, your maternity leave would start from your delivery date, and you would be credited with you annual leave which you had not yet used

LaylaandSethsmum · 23/02/2006 19:23

Looks like maternity alliance website is out of order so try this on

FrayedKnot · 23/02/2006 19:27

I agree, I took 6 weeks before my due date, the first two weeks were holiday that I would accrue during my first 6 months OML.

HTH

Original poster

romilly · 23/02/2006 19:35

thanks for the helpful info everyone. i thought that was the case so i dont know why he is insisting it triggers the SMP start date, when it should just be normal holiday pay and time. i am a bit dubious that my boss is trying to shorten the whole mat.leave dates. (you can see i really trust him!)

thanks for the site laylasandsethsmum - i will check it out

OP posts:

LIZS · 23/02/2006 19:38

Maternity Alliance is sadly no more . As long as you have accrued the month's holiday prior to the revised start of leave then I don't think they can refuse you. I certainly did the same but it was 8 years ago !

cori · 23/02/2006 19:46

If he is trying to do this, then just take the annual leave on the other side of the SMP.

But I dont see what the problem is. I finish work next week will take three weeks A/L, and then my SMP starts the end of March. Yippee!!

Original poster

romilly · 23/02/2006 19:56

i think it has consequences of when i should go back - as they use that as the start date timing-wise cori.

thats why i would rather it started around my actual due-date.

OP posts:

LIZS · 23/02/2006 20:31

I guess that may be the case, Romilly, but then if you took less than the month now you can tag it on the other end , plus any further holiday entitlement you have accrued whilst on ML. I suppose they could veto you using the balance immediately after ML but it may not be the most productive idea for you to return, start work and then go off again, just in order to use it all up, and may not suit your chidlcare arrangements. Would they pay you in lieu if you were happy to take it ?

lexiemum · 23/02/2006 21:12

maternity leave can not start on your due date - the earliest it can start is the sunday prior to the date you are due.

you are entitled to your annual leave - but you may have had to negoiated (sp?) this before you left to start leave that this would be taken first.

you also accrue a/l for the six mths of mat leave at your normal accrue rate for a/l. for the second 6 mth period you accrue paid a/l at equiv to 20days per year (annual leave year)

you will have given your employer a MAT B1 form at some point after your 20wk apt with midwife. This is what payroll use to determine what you will be paid. You may also have completed another form (company own) that details when you wish to start mat leave.

can you talk to your payroll direct or the person in HR that deals with mat leave - this is usually the best place to go rather than your line manager.

btw they have no right now to ask you when you are returning and what you intend to do. You have to give 4 weeks notice of your return or inform them at 4wks before end of first period of 26wks that you are taking, more, unpaid time.

Original poster

romilly · 24/02/2006 13:19

thanks lizs and lexiemum.

lexiemum - you are very knowledgable - thanks for all that info. unfortunately it is a very small company so no HR to speak of, less than five employees.

OP posts:

lexiemum · 24/02/2006 18:44

not that knowledgeable - just want to make sure I don't get done! Although my sis has spent a few years in her earlier HR years processing MATB1's so hence know what they are for and how they use them.

will CAB discuss maternity issues? if they do then it might be worth a quick trip before you tackle getting your annual leave.

Isyhan · 25/02/2006 17:54

yes I took a months AL before my mat leave last year. But it has to be al within that financial year. So you cant go on mat leave in April and want a months al before mat leave.

lahdeedah · 25/02/2006 18:12

I also took two weeks annual leave before my maternity leave started, so you can definitely do this - although I did make it clear in writing to HR beforehand just to cover my back.

Lexiemum - you can actually start your maternity leave up to 11 weeks before your EDD.

This is the Maternity Rights booklet (PDF document) published by the DTI which gives full details.

There is also an interactive website which is quite useful, but unfortunately out of action this week. Worth looking at when it's back up and running.

HTH

Original poster

romilly · 25/02/2006 18:55

thanks so much lahdeedah, lexiesmum and isyah

that does help a lot. will have a look at that site.

OP posts:

lexiemum · 25/02/2006 22:20

LDD - yes I know that, just read back post and realised it should have said latest. note to self - must proof read!

Isyhan - I think this is based on agreement with your company - I took 5 weeks annual leave in march / april, with mat leave starting week on EDD ( annual leave runs along financial yr) - there was a big issue regards taking over more than 5 days leave from year to year - policy states "at managers discretion" but I got it.

Original poster

romilly · 26/02/2006 15:21

lahdeedah - that link was brilliant - thankyou so much - i feel i know where i stand now.

OP posts:

Flip