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Maternity leave help

3 replies

mummyalice24 · 15/03/2024 21:09

Hi, I wanted to know if anyone has worked past 40 weeks. Is this legal? I would like to work until I go into labour (work from home situation) so I can maximise payment as my mat pay is going to be rubbish. I have been told that I must take mat leave from 40 weeks (due date) but I've seen other websites say you can work up until you go into labour! Thanks x

OP posts:
freezefade · 16/03/2024 09:40

Compulsory maternity leave starts on the day you give birth. Whoever has told you it's from due date sounds confused.

The below sounds like your scenario.

https://www.acas.org.uk/managing-your-employees-maternity-leave-and-pay/their-leave-pay-redundancy-and-dismissal-rights

"If the baby is late and your employee planned to start leave the day after the birth

If your employee told you they wanted to start maternity leave the day after the birth, you do not need to change anything.

If they want to start their maternity leave early, they must give you 28 days' notice of the new start date. If they have a good reason not to give this notice, for example it's late in the pregnancy, you would both need to agree this date."

Your employees' rights - Managing pregnancy and maternity - Acas

Leave, pay and other rights your employee has when they're pregnant or on maternity leave.

https://www.acas.org.uk/managing-your-employees-maternity-leave-and-pay/their-leave-pay-redundancy-and-dismissal-rights

TrudyProud · 16/03/2024 09:57

My company policy is mat leave starts the day you give birth or your due date (per mat1b form) - whichever is earlier.

This is because legally they can't contact you to ask if you've given birth.

As someone who was 10days overdue I feel your pain. Your only alternative might be to ask for an induction on your due date .

freezefade · 16/03/2024 11:03

This is because legally they can't contact you to ask if you've given birth.

Which law would that be? @TrudyProud

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