Maternity and Moving House

[12timetomove]

Hi,

Just wondering if someone can help me work this out.

I am pregnant for the third time (its twins!) and due in Feb 2024. Currently work part time and have been here around 6 years. Was full time prior to having children and treated pretty badly when I came back in terms of wages and opportunities being removed as I was part time (would have been perfectly able to still meet the standards for a lot of these even being part time).

We are in the process of moving 150 miles away - sale is all going through, obviously no one at work knows. Sale expected to complete October 2023.

Ideally, I want to go on my mat leave early and claim all my accrued holiday beforehand - work 3 days a week, 20 days holiday a year and have 8 days remaining for this year. Then I could just take my mat leave and let my boss know I won't be returning (I think they will already know as I'll have 4 kids by then). This would mean I'd still be eligible for the 30 hours free childcare, and that I have a small income for my mat leave.

We only get statutory sick pay and my boss told me on last 2 pregnancies that he claims 90% of it back - and because I've been treated so badly by the company I don't really care about the ethical side of this - if I went on Maternity allowance I'd get the same amount, I just wouldn't have the 30 hours childcare which I really rely on.

I'll be too heavily pregnant to get a new job when we move as well.

I've worked out that the earliest my leave can start is the 19th November - so if I take my 28 days holiday based on 3 days a week, that would take me up to the 19th September.

Just hoping for any advice on how to get my boss to agree to this plan and whether this sounds like it is legal according to the maternity laws?

Thanks

I’m in a slightly similar position, in that I’m relocating whilst on mat leave. As such, I will have to pay back some of my maternity leave pay as I won’t be returning to work 😓😭 Are you sure this isn’t part of your contract too?

I think you’re in with a really good chance of him agreeing to your plan, because legally you are entitled to all of the holiday you will accrue on mat leave, and that should be taken either before or after the formal mat leave period. So yes, I think you’ll be fine.

And CONGRATULATIONS!!

Thank you so much - pretty sure I wouldn't have to repay anything as they literally just pay the absolute lowest that they have to with no additional benefits. But hoping someone else can come and advise if that's the case!

Thank you, my biggest fear is that he says he needs me here beforehand and I can be paid for the holiday or take it afterwards, neither of which help me as need to do the move without anyone knowing!

Good luck for your move too and your pregnancy, hope it all goes well :)

@12timetomove legally you only accrue leave entitlement for the period worked (on mat leave). An employer can reasonably refuse as you have not yet accrued the leave.

You can start mat leave 11 weeks before your EWC and take the 8 days leave before that. As you work 3 days that’s nearly 3 weeks so nearly 14 weeks in total. Depending on when in Feb you are due you might be able to push completion back.

If your EWC is 19/02/24 then your last day could be 17/11/23. If you are due earlier in Feb then you get closer to Oct.

Remember having the leave accrued during Mat leave means you can use this for your notice period and gives you an injection of cash at the end of may leave.

You're not eligible for the 30 free hours while on mat leave, only on the portion that is annual leave accrued

Thank you - that is what I thought, I'm hoping if I tell him it is a twin / complicated pregnancy and that I'll need extra appointments during work time he may just agree to let me have the holiday - also he seems much less keen on handing over £ than days off.
I worry he won't pay me for the holiday if I don't take it beforehand.
Would I still accrue 12 months holiday depending on when I handed in my notice?

Hi - I am not aware that this is the case, I thought that on maternity leave you are treated as if you are employed.
However if on maternity allowance you are not eligible.

You are correct you will be entitled to your 30 hours if you ur husband works and you are on maternity leave. You will lose it tho at the end of your Mat leave if you don’t return to work (doesn’t have to be at the same place). So if you start your mat leave in November and your babies arrive in Feb you will have to return to work when they are 9 months old or you will lose your hours (15 of them anyway!)

Hi @Tryingtohelp12 thanks, that's what I thought - my one in nursery will start school in Sept next year, and the twins I will be home with I think for a few years so I should be OK with 15 hours then for them.

I’m on maternity allowance and still get 30 free hours childcare?

I think you're eligible if you're on maternity leave regardless of whether it's SMP or MA you're receiving

@12timetomove

I get 30 free hours and am on maternity allowance - I think it was aslong as I was getting £152 a week I qualified

@Kathryn91 Thanks - I think because I'd be unemployed for a period of time before claiming, and then after, I wouldn't qualify?
But not 100% sure and its really hard to find out so dont want to risk it

@12timetomove Would I still accrue 12 months holiday depending on when I handed in my notice?
You will only accrue 12 months holiday if you take 12 months Mat leave. If you cut your mat leave short by resigning you would get less leave. That is why most employers will not permit you to take leave you have not accrued.

Getting paid for the accrued annual leave is fairly easy process:

• email requesting leave and pay from x to y
• If no pay email asking to be paid - unlawful deduction of wages
• letter before action
• Small claims court

Its a black and white issue for the courts, no need for solicitors etc.

Why would you be unemployed before claiming it? Once you have reached the end of the qualifying week (end of week 25 of pregnancy) then you'd get your SMP regardless of if you resigned after that. You can only claim MA if you don't qualify for SMP.

@Tippingadvice Thanks - so need to wait as long as possible to resign basically to accrue the extra holiday? It doesn't make a difference I guess.

@dementedpixie becuase of the move and the timings, I would need to leave my job at least mid October to accommodate the move, be unemployed and then make a claim for MA - I assume? My employed won't be interested if I'm pregnant if I'm leaving the job and moving to another part of the country and I'd not be able to work up to 25 weeks.

Are you planning on taking sick leave too?
You need to be employed at end of week 25 to qualify for SMP. If you leave and become unemployed before that week you won't get SMP and would have to claim MA.

If you leave you also won't get the accrued holidays for next year so can't start your maternity leave early and won't be eligible for the 30 hours childcare.

I don't entirely understand what you want to do as the move seems to impact on your maternity pay and you don't get the accrued holidays unless they think you are returning to the job. Employers don't have to give the holidays beforehand and can direct you to take some at the end of leave if that takes you into a new holiday year

Don't resign.

Just start your maternity leave as early as you wish.

Then you will be paid statutory maternity pay. Its better to be paid that as the first 6 weeks is paid at 90% of your normal salary.

You will continue to be classed as an employee throughout your maternity leave. This means that you will continue to accrue annual leave throughout your leave.

Your employer should also continue to pay employers' pension contributions throughout your maternity leave.

Submit your notice (as per your contract) before you are due to return. You will then receive a payment for all of your accrued annual leave.

Sorry read your update and realise that doesn't work for your house move.

Employer may agree to you taking the leave but doesn't have to. You can't resign until you have accrued all the leave you have taken as employer can require you to pay that back.

@12timetomove sorry just re-read your posts. If the earliest you can start mat leave is 19 Nov, and you have 8 days leave this means you need to work 1 day week commencing 30 October.

Have you exchanged or can you still change the completion date? Can you move it to 2nd or 3rd Nov?

I know you said you need to move mid October. If you are that close I would be tempted to go sick for 2 weeks (16 & 23/10) then say sorry need to take leave and start mat leave from 19/11. You can say it’s exhaustion etc of having twins and 2 young children.

@Tippingadvice
We haven't yet exchanged but it's a long chain lots of people to keep happy and it's been going on a while so ideally September and wer trying to be slow with things to drag it out a bit but there's no way November will work.
Yes I think nearer the time I will probably have to have some sick leave (we don't get paid for sick so don't feel bad about this!) Then leave then mat leave.

You've all been really helpful thank you :)