Maternity leave

[Sonny13]

I'm close to putting my maternity leave into writting for my employer and trying to best work out my dates.

I work full time (38hrs, 5-days) and during opening dicussion around maternity I was told I 'need' to go back in order to use holidays, which I believe is nonsense from what I've read that If you take maternity leave, you'll accrue holidays and you can arrange whether you’re going to take this holiday before or after your maternity leave. - Is this right?

I'm due 8th April and my holidays are Jan to Jan. Normally we get 20 days holiday to use and they pay bank holidays plus Christmas period. I'm unsure if this is standard or not.

From Friday, 25 December 2020 - I Subtracted 39 weeks for SNL Maternity Leave and the result is Friday, 27 March 2020. I believe this gives me those 20 days to request / use before the Friday, 27 March -> which would mean in theory I could finish up on Friday, 28 February.

However.....

1 - If my holidays are normally Jan to Jan, could I just take 2 weeks (10 days) before my maternity start date (Friday, 27 March) and the other 2 weeks after in the new year when normal work begins starting January 4th 2021, Or would they not carry over into new period?

2 - If in theory my Maternity leave finish on Friday, 25 December 2020 - which the work is closed and these holidays are paid and work begins again January 4th as above, should I go back on normal payroll and get paid then as normal for that period like everyone else who is off?

I hope this makes sense.

Thanks

Work out what benefits you the most and then discuss it with your boss.
They are not obliged to pay you your full years holiday entitlement before you start maternity leave. They may do or they may just pay you what you have accrued to that date. Hence have a plan and a discussion.

Do you want to take time off before the baby arrives? At my work place maternity leave starts the Sunday before your due date. So any time you want off before has to be holiday.

I asked to be paid out of my holidays and my work was ok with this

You need to take the leave (including bank holidays) in the year in which it is due, so you can't carry it over. I would take all your holiday first and then start your mat leave on your due date.

Assuming you want to return to work on 25th Dec then you would have 20 days annual leave plus 5 bank holiday days to take before starting mat leave. You might want to check that they will still pay you for the Christmas period as usual though, as it will depend what's written in your contract.

Not always the case @zebrapig in our place you can carry over leave to the next year if you're on maternity, because you are entitled to 52 weeks maternity leave so it would be impossible for you to take the annual leave and the 52 weeks in one calendar year.

Best bet is to talk to your manager or Hr with the written maternity policy in front of you, then put your request in writing.

Thanks all.

I'm not sure if in Scotland you can carry over leave to the next year, nevertheless, I think it would benefit me the most to take my holidays before maternity leave.

Half the battle is that the manager and accounts / hr don't have a clue, they don't have a written maternity policy in front of you and I was just told to put a request in writing.

I counted things up again last night and minimum entitlement is 5.6 weeks x 5 days is 28 days per year, however, if I was at work next year I would get 31 days which is 2 at the start of the year (1st, 2nd) + 4 bank holidays + 5 days at christmas + 20 days to request.

From Monday, 4 January 2021
Subtracted 39 weeks
Result: Monday, 6 April 2020

My due date is 8th April, so I believe I can request my ML from that week then as you folks have said, Monday, 6 April.

From there, I'll request to use my holiday entitlement before my ML, whether they give me the full 29 days leftover from what I'd normally have accrued during ML or the minimum 28 days (but 26 as i'd of used 2) .. nevertheless hope to be finished last weekend in February.

Giving me the choice to go back to work on the 4th jan or extend unpaid left to 52 weeks.

I think this makes more sense now.