Maternity leave

[mummaB89]

My boss has never been a manager any where before and to say she isn't up to date with the rules and regs would be an understatement. Can she tell me when I have to go on maternity leave? She's also refused my holiday that I planned on taking prior to maternity leave starting

Depends what you mean. Is there any reason to start sooner than you might prefer ie sickness. What is your hr policy on accrued leave? If you cannot carry it over then it has to be used before.

We're not allowed to carry it over. I'm due to go on maternity leave the 27th jan and wanted to use my remaining two weeks making my leave start earlier but with out starting SMP. I work as a nurse in a nursing home, my maternity leave will start at 37 weeks officially but with the holiday I would have been going at 35 but she has refused my holiday and she is saying she doesn't want me working so late. Not sure what she expects of me

Why dont you have a look at your maternity policy? Most places ask you to take leave prior to maternity as you cant carry it over

There's been no issues, sickness, I've not had a day off sick since being pregnant and I still manage to carry out my duties. I worked u TIL 37 weeks with a previous pregnancy too but she wasn't the manager then

That's what I thought as any holiday I accrue between end of jan and March will end up being lost otherwise

When does your holiday year run from/ to?

@Robs20 April to April

@mummaB89 so in my company I would be allowed to take any remaining days up to 27 Jan (so if you get 24 days a year, 2x10 months is what you can take by end of Jan so 20 days this holiday year). The days you accrue between 27 Jan and April (and then from April to end of your mat leave) should be added on to the end of your mat leave - this is what would happen where I work anyway!

@Robs20 thank you. I have 36 hours to use up until the end of January which was refused so I'll take this up with her tomorrow

No, she can’t tell you when you are due to start (statutory) maternity leave.

To an extent, they can dictate when you take (or don’t take) holiday. However, you don’t lose it if you don’t take it during this leave year - it will automatically carry over and you’ll be legally entitled to take it after your maternity leave.

Do you have an HR department?

I believe (could be wrong) if you are sick with pregnancy related sickness 4 weeks prior to your baby being born you can be forced to take early maternity. Where I work I have saved up my holidays to get paid in to my bank to bump up my (peanuts) maternity wage and will also be cashing in my holidays I accrue when off. I think in total I am cashing in nearly 50 or so days. I plan to take off 12 months.

And finish 31st jan - due 19th feb.

She can’t tell you when to start. She can refuse a holiday request, same as always, however you won’t lose the holiday. I imagine if you inform her that you’d have to carry it forward and take it when you get back, along with all the holiday you’ll accrue while you’re off, she’ll be keener for you to take it before you go!

I suggest you contact either the helplines of the charity Maternity Action or ACAS and take detailed notes. Then tell her in writing exactly what they said. Make it clear to her who you got the information from. If she is still unhelpful write to her manager with the same information informing them you have disclosed the same information to her, even if the manager is a director of the company and you have to find their details on the Companies House website.

If they don't have email use recorded signed for post and keep the receipts.

The reason being is once they realise you know your rights and have been in touch with a reliable source they are likely to back off.

Call acas and maternity action.

Alternatively use the r/legaladviceUK subreddit over at reddit.com

My understanding is that if you have long term sickness they can make you take your maternity leave 4 weeks early. They can't make you take it earlier than 4 weeks. Long term sickness can affect your company maternity pay though.

As an employer they do need to give you fair opportunity to use your holiday allowance and may allow you to carry some balance over into the next year. Fair opportunity is subjective and depends on your company and what hours are needed.

Please do call acas though, or citizens advice, maternity action or seek free legal advice. Many employers are unaware of maternity rights and it ends up leading to discrimination through ignorance.