Premature Baby & Mat Leave/Annual Leave

[Monkeynut1]

I recently had an emergency C-Section to deliver our gorgeous baby boy at 30 weeks.

I was due to take 2 weeks annual leave tagged in front of my maternity leave and another 2 weeks (made up of scattered days) in my last couple of months of work.

Now everything has settled and our baby is home and doing well I sent my revised plans for my annual/mat leave to my employer. They have stated that I am unable to tag annual leave on before my mat leave and that my mat leave must start from my first day of absence after the birth. Of the 4 weeks annual leave that I had left for 2009/10 period they have said that I will lose all but 1 week as I can only carry 1 week over into the new financial year.

Please could anyone advise me on whether this is right and whether I am able to do anything about this?

Thanks

Congratulations on your early arrival! I am glad things are settling down for you now.

I think legally Maternity Leave must start the day on or after the baby is born, so I think they are right in saying you can't use the leave you were planning to prior to maternity leave starting. It's a while since I dealt with it, but I am almost positive that is the case.

As for the rest of the leave situation, I'm not sure, my company allowed you to carry it all forward, and I have a feeling not to allow you to do so in your circs may be seen as discriminatory, but I would not swear to that.

It's a bit complicated, but this has some really good information

Thanks for your posts - your info has been really useful.