Work say I can’t carry over A/L to add onto maternity leave

[ALquery]

I work in local authority and my annual leave year is the same as the calendar year.

I’m pregnant and my baby is due in September, so let’s say my twelve months maternity leave would run from September-August.

Work are saying that I can’t carry over any of my 2024 annual leave allowance (to add on to the end of my maternity leave), bar three days. They are saying I have to use it all up before the baby is born in September.

I don’t think this is right, but they are adamant. Can anyone confirm if they are right please? Thank you.

Don’t be so ridiculous. I’m not ‘making a fuss,’ I’m not ‘arguing,’ and this isn’t AIBU. I’m a pregnant woman trying to work out how we will make ends meet and have asked on here for some advice. I hope writing that message made you feel better.

It’s an interesting one for sure. I wonder when the cut off would be. Let’s say baby was due in May… would all 2024’s leave have to be taken Jan-April?!

Oh well I shall look forward to a summer with my feet up!

Will you be eligible for KIT days? If so those can help offset some of the costs.

With all my pregnancies I worked out how much I needed for the 3 months stat pay at the end to still have the same income and saved it over the pregnancy before I went off. Paid it from my savings to myself like a salary. It meant cutting back a bit but could you do this as well? You've six months to make a dent in it at least 😊

Your leave entitlement is credited at the beginning of the year irrespective what % is mat leave or work. So you’ve had 9 months to take your entitlement
you don’t have to accrue the leave before you take it or nobody would ever be able to have a week of in January

you would lose it at my work and you had 9 months to plan it

Yes I had this with my first, born at the beginning of March. I had bad pre-natal depression so did not want a month off in wet, cold Feb considering all the horrific things my brain liked to tell me at that period. I ended up "coming back" to work just before my SMP ran out, and covering the rest of December with a year's worth of annual leave. It does suck, as I ended up coming back to work too early. At least with a September baby, you can use that leave up during the summer, and using your 2025 leave at the end of your Mat Leave.

From the acas page (directed from the .gov page about maternity rights) -

You can take accrued A/L before your mat leave starts (thus starting mat leave later) or add it afterwards, by mutual consent. They CANNOT deduct holiday from you.

There is nothing wrong with women questioning details around maternity leave rights and practices. You sound like you’ve just arrived from 1950 and are a bit confused.

There may be a third option here?

I went on mat leave in July. Wasn't allowed to carry over any leave into the next calender year but nor did I have to take it all before mat leave. Anything untaken was paid out to me in my December pay instead. Was nice to have a boost to stat maternity pay!

I wonder what their position would be for women due at the very beginning of January?

If they are unable to take the leave due to being on maternity leave then it would be carried over.

In OPs case there is enough time for the 2024 holidays to be taken before she starts maternity leave and that's what her employer wants her to do.

Yes -you'd have to not work January to take the whole year allowance then.

Which would be a bit mad!

Can you use holiday before May leave? Ie if due date is May 1st, take holiday before and after, and have May leave start at a later date, once holiday is used up? That way you extend the mat leave on the other side, before returning to work

They can't deduct it but they can stipulate where it must be used with reasonable notice.

I think the point around what happens with a May birth, the business can be the one to alter the arrangements based on business need providing you don't lose your hols.

Are they saying they are allowing you to take your leave BEFORE you've accrued it (Sept-Jan) if so that's perfectly reasonable. Just take a couple extra weeks off before you go on maternity? Have maternity leave start the day baby is due or something?

What are you wanting instead?

Thanks, that makes sense. I guess the thing here is there’s flexibility when it suits them.

Well yea… welcome to the world of work.

I think this is pretty normal and fair. I was in a similar situation with both mine in terms of timing. I officially started my mat leave on due date then took any holiday left which was 2/3 weeks before that. On return I added 3 weeks holiday on to the end of my maternity to extend time off. Most people I know have done something similar

You cannot start mat leave any later than your due date. As soon as your baby is born, your mat leave automatically starts, even if you haven't reached your due date

Normal carry over rules apply for your 2024 annual leave. You will then accrue 2025 leave whilst you're off, and should be able to use it at end of your maternity leave and/or carry unlimited amount to 2026 if your company are reasonable.

You can just start mat leave on your due date and take 2 or 3 weeks a/l before then.

My work (NHS) allows you to carry any amount of leave over but I guess it will just depend on their policy.

That's completely right.

Most company's allow you to 'carry over' leave from one year to the next but it's usually a maximum if 5 days.

You work for a LA, what else do you expect. They are by the book and certainly know what they're doing.

Why not just take time off before you head off?

Ours is a carry over of 5 days - any more is at the discretion of our Line Manager. Also a LA

They are within their rights to do so. But it is annoying! My SIL had an AL year running April to March and a July baby, so had to take all her leave before July. I was lucky that I could carry over leave, although I didn't need to (Feb and March babies when leave year ends in March). I think it's particularly annoying when it is unfair- those with babies at the end of the leave year have more flexibility.