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Original poster

Annual leave before maternity kicks in

14 replies

Hisnamesblaine · 10/07/2018 13:23

Hi guys
Looking for advise. So I begin mat leave on the 29th July. With a view to return 1st April next year. I've had 2 weeks off annual leave this year so far. I asked if I could take the last 2 weeks off of July as annual leave as I didn't want to lose them. I've been told that the remainder of the leave is already included in the 9 months mat leave? Is this correct? I have absolutely no clue how it works?

OP posts:

lifechangesforever · 10/07/2018 13:26

No it's not included in your maternity leave - you either tag it on at the beginning of your leave or at the end.

I suppose it depends on how many weeks exactly it is from the 29th July to your exact return date. They may have given you an additional 2 weeks at the end but not made it clear to you?

I start maternity leave on 18th July but actually have been off work since 7th June because I had 6 weeks of annual leave to take.

Isittimeforbed · 10/07/2018 13:32

You're entitled to 39 weeks maternity leave covered by SMP then the rest up to a year unpaid. Annual leave is separate.

ThisCannotBe · 10/07/2018 13:33

No it certainly is not included in your mat leave. Nice try from them though. You accrue holidays as normal. While you are on mat leave you are actually still classed as working, you aren't on holiday.

Check your dates properly with them - finishing 29th July, returning on 1st April is eight months mat leave no?

Oh and congrats.

ThisCannotBe · 10/07/2018 13:35

I would presume they are planning to pay you your SMP for the six months and then pay you your holiday allowance to cover a couple of weeks of your unpaid mat leave, but if you want it at the end of July, and they can accommodate your absence then that is your choice.

Original poster

Hisnamesblaine · 10/07/2018 13:35

I thought it was separate. So I could effectively tag it on at the beginning of August and start my mat mid August meaning I could return 2 weeks later next year? If that makes sense?

OP posts:

SheepyFun · 10/07/2018 13:41

Just to say, your maternity leave starts when the baby is born if it hasn't already (this is a legal requirement), so you need to take your annual leave beforehand. I had to take all mine before DD was born, as I couldn't carry leave forward over 1 October. I lost a couple of days because she was delivered slightly early. Hope that helps!

Original poster

Hisnamesblaine · 10/07/2018 13:47

I agreed to take it earlier as my eldest son finish school in a couple of weeks and I'm big and heavy etc struggling in this heat. Just thought I cud rest up and enjoy the holidays until baby is due. Im fuming at the thought of them not paying me what im due.

OP posts:

lifechangesforever · 10/07/2018 13:52

Your maternity leave has to start either on due date or the day you give birth, whichever comes first.

Kingsclerelass · 10/07/2018 13:54

My employer told me that too but only verbally. It is incorrect. Put your claim for 2 weeks annual leave in now, in writing and and adjust your maternity leave dates.
I bet they won’t contradict you in writing.

hamandpease · 10/07/2018 15:27

@lifechangesforever I'm not sure your comment has come across as you meant?

Women can start maternity leave before their due date/ date they give birth. Most women do surely?

In fact I'm sure they can be made to if signed off with pregnancy related sickness close to their due date (perhaps someone more knowledgeable could confirm the particulars)

Sauvignonblanket · 10/07/2018 18:21

You can start maternity leave before your due date, both by choice and for medical reasons. But if you haven't started maternity leave already it automatically starts when your baby is born, including if the baby's early and you were in the process of using up annual leave...

lifechangesforever · 10/07/2018 20:26

No, it didn't come across as I meant. I meant that you can't start maternity leave any later than due date.. or if you choose to start it on due date but baby comes earlier you have to inform the employer of the birth date so maternity leave can start.

Apologies - not written very well !!

hamandpease · 10/07/2018 20:32

Just checking @lifechangesforever 👍

CharlieandLolaCat · 10/07/2018 21:17

@lifechangesforever you can start mat leave after your due date but if you give birth before the point your mat leave is due to start then it will start the following day.

So your due date might be 1 August, with previous pregnancies you may have always gone 2 weeks over. You can therefore choose to start mat leave on say 10 August (or 30 August if you wanted to - it's your choice) but if you give birth on 8 August your mat leave has to start on 9 August.

If you are unwell from 36 weeks then you can be put on to mat leave but not before this point.

This I know to be true. I have studied this particular bit of legislation in order to be able to demonstrate this.

OP, just make sure that you accrue ALL contractual annual leave. Check your contract and make sure they don't fiddle you out of bank holidays as well. HR and payroll are notoriously shit in this area in my experience.

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