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Original poster

Maternity leave - being told I can't start on the date I chose.

16 replies

TheDetective · 28/08/2012 22:57

I'm 30 weeks pregnant. I gave my employer the correct notice and MatB1 on the date I was supposed to. I received a letter back telling me my maternity leave would commence on the date I requested, and my annual leave would commence prior to this.

I rang my payroll on Friday to ask them what my pay will be while I am off. They rang me back today to tell me that I can't possibly start my leave when I am.

I requested to finish officially at 40+1, as I will probably go overdue and am declining induction so could go more than 2 weeks over. I am only able to take 6 months off in total due to financial constrictions. I obviously want to be off as long as possible with the baby. I am finishing at 35 weeks because of holiday though. They won't let me carry my a/l over after my mat leave, and if I take leave from my next years leave then I only get basic pay which is a massive drop for me.

They now say that I have to commence leave on the sunday of the week of the expected date of childbirth. Which means I have to start a week earlier.

Ok, so in the grand scheme it isn't much, but it is to me. I've had my leave shortened and shortened, because they have taken 2 days bank holiday off me due to being off sick at the start of pregnancy (hyperemesis) and a further 6 days because 6 bank hols fall during my maternity leave (6 out of 8 even though I am only off 6 months!!!) So every god damn day counts to me right now. Hormones are not my friend!

So, can they dictate my start date in that it has to be the sunday of the week with the EDD in? :(

I could scream and scream and scream right now. Any advice appreciated. Cheers.

OP posts:
sleepdodger · 28/08/2012 23:00

Don't know legalities but I work for v large company who tbf are usually v good on law and policy
They said I had to finish 1 week prior to due date with mat leave commencing on the sun, can't be half weeks etc
Can you not finish then and add holiday on end not start?
Hth

TheDoctrineOfEnnis · 28/08/2012 23:04

Hi yes I think there is a latest allowed date with respect to your EDD - they have probably only just realised this of they agreed to your date previously
Re the futuee bank holidays, that might be annoying but isn't really their fault. I don't understand how they took a bank holiday away fur you being sick though?

Original poster
TheDetective · 28/08/2012 23:12

I work in the NHS. According to my colleagues this is standard in my Trust. If you are off sick on a BH you lose the leave entitlement!

I worked in a different Trust prior and that definitely didn't happen there!

Should have stayed where I was... they didn't take BH's off from mat leave either....

OP posts:
TheDoctrineOfEnnis · 28/08/2012 23:19

Hi thedetective I think it depends if bank holidays form part of your general leave entitlement or are counted separately. I'm not in the NHS but don't get any days in lieu if I am sick in a bank holiday and didn't get any for my maternity leave bank holidays either. Sorry it's different from your last role that must be annoying!

Original poster
TheDetective · 28/08/2012 23:23

My contract states 27+8 days leave...

OP posts:
flowery · 29/08/2012 08:04

You can start your mat leave on any day you choose. It used to have to be a Sunday but that changed years ago. The latest date it can start is the day after your baby is born. I'm not aware of any restriction saying that it must start by your due date.

You are also entitled to all contractual paid leave to be accrued as normal throughout your mat leave so should be allowed to take the bank holidays at another time.

scaevola · 29/08/2012 08:11

It's an actual restriction. Latest start date is EDD.

Delivery+1 is the provision on how to handle maternity pay dates for babies who arrive before maternity leave has begun.

laracroft2001 · 29/08/2012 08:13

Yes the latest you can start mat leave is the Sunday before EDD

flowery · 29/08/2012 08:17

Have you got a link for that restriction scaevola? I can't find anything saying that, although am on my phone so searching not as comprehensive as it might be!

ifiwasarichwoman · 29/08/2012 08:26

they cant take bank holidays off from mat leave either, it gets added on.

scaevola · 29/08/2012 08:27

It's in publication NI17A.

The whole shebang is worked out on the EWC (expected week of confinement) from which the MPP (maternity pay period) is calculated.

There is no provision at all to use a later week than EWC.

hairytale · 29/08/2012 08:44

Think most of you have this wrong unless things have changed recently.

I started mat leave in January 12 on a Wednesday. I had planned to work up to the day I gave birth (not EDD) and this wasn't flagged up as an issue.

"Starting your Statutory Maternity Leave
You can start your Statutory Maternity Leave any time from 11 weeks before the beginning of the week when your baby's due.

If you are off work because of your pregnancy within four weeks of the expected birth date, your employer can make you start your Statutory Maternity Leave then.

Compulsory maternity leave
You do not have to take all of your Statutory Maternity Leave. However, you must take two weeks (or four weeks if you work in a factory) of 'compulsory' maternity leave after your baby is born."

flowery · 29/08/2012 09:00

That publication is a guide to maternity benefits for advisers isn't it? It would've surprising for a restriction with regard to when employees can start their leave to be in there and not anywhere else but I'll have a look thanks.

flowery · 29/08/2012 09:07

Can't see anything in N117A which refers to SMP beginning any time if employee's choosing after 11 weeks before and otherwise triggered by childbirth.

suburbandweller · 29/08/2012 09:58

The current position is that statutory maternity leave can start on any day of the week, but at the latest the day after the baby is born. Perhaps your employer has its own policy though - do you have a staff handbook you could check? For the calculation of smp they need to look at your average weekly earnings up to the saturday falling in the week of your due date, which could perhaps where HR are coming from.

The HM Revenue site here is the clearest I could find on mat leave start dates.

flowery · 29/08/2012 10:42

The employer's own policy wouldn't be able to impose additional restrictions on when mat leave can start.

OP if I were you I would write to them saying that having looked into it you understand that the only restrictions on mat leave are no earlier than 11 weeks before due date and no later than day after baby is born, and if they propose to impose additional restrictions you request they direct you to the piece of legislation or case law which provides them with the right to do so. Put the onus on them.

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