Please or to access all these features

Add post

Watch this thread

Save thread

Start a new thread

Flip thread

Hide thread

My feed

Active Unanswered threads

Getting started FAQ's

Unanswered threads Acronyms Talk guidelines

Hide shortcut buttons

Talk

Work

Chat with other users about all things related to working life on our Work forum.

Flip

Original poster

Does anybody know if you can start maternity leave after EDD?

23 replies

Koumak · 10/07/2009 14:37

I know we can start as early as 11 weeks before EDD but what is the latest ? legally? If my second pregnancy is as overdue as the first one I would ?waste? couple weeks unnecessarily as my maternity leave is minimal I don?t really want to waste the first weeks just sitting around at home getting fat if you know what I mean!
And would you have a copy of maternity notice handy [cheeky emoticon]

OP posts:

StealthPolarBear · 10/07/2009 14:40

I don't think so. I'm starting mine on my EDD and afaik that's the latest. Might just be here but I doubt it.

expertinscunthorpe · 10/07/2009 14:42

No, you have to start the week of your edd.

Poledra · 10/07/2009 14:45

Nope, has to start on your EDD at the latest.

flowerybeanbag · 10/07/2009 14:54

The latest you can start maternity leave is the day after the baby is born. But the problem is you won't know when the baby will be born so you won't be able to give the required notice to your employer about the date you will be starting.

But if they are happy to be flexible and let you go off whenever you want to, then yes in theory you can delay maternity leave until after your due date as long as baby hasn't put in an appearance. As soon as baby does put in an appearance, maternity leave and pay kick in the next day regardless of what you might have previously arranged.

Original poster

Koumak · 10/07/2009 14:57

Thank you it?s really helpful

Would you say then that I can state in my letter that ?I am pregnant, my EDD is 28 Oct but I would like to postpone the maternity leave as much as possible? or does that not qualify for formal notice?

OP posts:

Poledra · 10/07/2009 14:58

Well, that's interesting, Flowery, the companies I have worked wit have always insisted on either the Monday of the week of EDD, or EDD. Is this company policy rather than employment law then? Thanks

flowerybeanbag · 10/07/2009 15:02

Koumak you'll have to ask them first whether they are happy to be flexible. Legally you are required to specify an actual date your leave will commence, and if you want to change that date, you are required to give 28 days' notice. So 'as late as possible' wouldn't be good enough. You can ask them if they are happy not to have a date, but be prepared for them to say no.

Poledra it's a technicality really. The latest mat leave can start is the day after the baby is born so technically it could begin after the due date. But when arranging mat leave because it is necessary to give an actual date it really has to be the due date unless they are happy to be very flexible, which understandable most employers are not.

flowerybeanbag · 10/07/2009 15:03

understandably

The other point to make is that if a company is paying over and above SMP they can set all sorts of conditions on it anyway.

Original poster

Koumak · 10/07/2009 15:10

Thank you flowerybeanbag
HR did make it sound it has to be the EDD so i think i will leave it at that! This company is not very "flexible" as it is. Luckily EDD falls during half term so at least i get to spend some time with ds i guess!

OP posts:

Original poster

Koumak · 10/07/2009 15:14

No over and above with this one!

OP posts:

flowerybeanbag · 10/07/2009 15:19

The chances of you going very overdue again are pretty slim I would think anyway.

Original poster

Koumak · 10/07/2009 15:24

ds was two weeks late and induced i would love to avoid this thats why i thought about as working as close to EDD as possible to get things moving....

OP posts:

Original poster

Koumak · 10/07/2009 15:25

is there a link with "draft" do you know?

OP posts:

flowerybeanbag · 10/07/2009 15:27

What do you mean 'a link with "draft"'? Sorry, not sure what you're asking?

Original poster

Koumak · 10/07/2009 15:36

That was me cheekily asking for draft letter as I think might type up the notice re maternity leave today no point of postponing it!

OP posts:

flowerybeanbag · 10/07/2009 15:39

I don't have a draft letter for you but all you have to tell them is that you are pregnant, when the due date is and what date you want to start your leave. That's it.

Original poster

Koumak · 10/07/2009 15:44

thanks do you think email version is ok or should i do proper home address headed paper that sort of thing?

i am not going to see midwife untill 26 weeks (2 weeks time) so dont have MATB1 form yet but i thought i just mention this in the letter saying i will give them as soon as i have it. Would that be ok?

OP posts:

ilovemydogandmrobama · 10/07/2009 15:45

Impressed that you have the energy to work until due date!

Original poster

Koumak · 10/07/2009 15:58

i have now can you tell i am only half way there?

OP posts:

ilovemydogandmrobama · 10/07/2009 16:06

Do they know you are pregnant? You could send H/R a brief email saying you are pregnant, and as soon as you receive the MAT B1, will put matters onto a more formal basis.

At least this way they can plan how to cover your job whilst on maternity leave.

You don't have to inform them now, but at the same time it can be mutually beneficial that they know; risk assessment, any ante natal appointments etc.

Original poster

Koumak · 10/07/2009 16:10

they do know i am pregnant so i think i will send email thanks
funny you mentioned risk assesment. i happen to be the health & safety officer .... so will be doing that myself!

Thank you so much for your help ladies!

OP posts:

StealthPolarBear · 10/07/2009 16:34

AFAIK you have to submit your MATB1 by 25 weeks. I think they'll be fine if you can't (mine weren't) but it's worth bearing in mind. I had to chase my MW for mine

ilovemydogandmrobama · 10/07/2009 16:44

This is interesting, but all it says on the MAT B1 is:

Part A (fill in this part if you are giving the certificate before the week of confinement

Do not fill this in more than 20 weeks before the week when the baby is expected

I certify I examined you.........

Part B Fill in this part if you are giving the certificate after the confinement....

Flip