Maternity and Annual Leave

Wellyboots6

I need to get some facts together ready for a meeting with my boss next week.

I am due to start maternity leave on 15th August. I will only get Statutory Maternity Pay as my employers do not contribute anything.
I recently dropped a day a week at work due to struggling to cope with tiredness due to the pregnancy and the long hours on my feet I work.

Had I stayed doing my usual hours, I would accrue 26.5 days annual leave this year (until April). As I have dropped my hours I expect my holiday accrual will change?

I am struggling now with the heat, long hours, standing and concentration. I would like to take what annual leave I can before I start my maternity leave.

My contract states that annual leave cannot be carried forward to next year, and that they will not pay me for any leave not taken. It is the staff members responsibility to make sure they take their leave.

I have asked my boss if I can take leave before my maternity leave as I am struggling, and he has implied I might be able to take about 5 days. I was hoping to take the whole lot and go off in the next week or so, but he has not got cover for me and so won't allow it.

I am provisionally due to return to work in Feb next year and he is wanting me to take the majority of my leave then. As far as I am aware I could potentially have a year off however and am allowed to decide whilst on maternity when I am due to return.

If I don't get to have leave before I go off, do I lose it?
Can he refuse me to take it and make me take it on my return (if I return?)
I didnt know I could take annual leave before maternity leave initially and so booked my maternity leave to start a month before my due date. If I can take annual leave I wish I hadn't done this now as I have wasted maternity leave!

Just need a bit of advice and some facts before the meeting next week.

Thanks and sorry for the long post!

getmore4less

Why did you drop days if it maternity related.

Go see your GP.

company policy on carry over is overruled by maternity holiday rules.

Any untaken holiday because you could not take it is carried over.

Someone may know if you can change you maternity days to start later.

Wellyboots6

Thank you for your reply.

I dropped days because I was struggling with tiredness and back pain. Work did a risk assessment and basically put on it 'manage her own working environment to reduce these risks' when it carme to standing etc.
Due to low levels of staff I couldn't just sit down when I needed to, so it was getting too hard.
The GP has wanted to sign me off sick on a number of occasions but because I only get statutory sick pay I cannot afford to be off sick.

So they do not have to let me take my annual leave before I go, as they would carry it over to next year? I am not planning on returning there next year (for obvious reasons!) but they do not know this yet.

burnoutbabe

well you can return, be on the payroll when using up leave, then resign.

So all the leave gets paid to you.

Wellyboots6

I was hoping to have found something else before I needed to return really, but I suppose that is another option.
There are a number of health and safety concerns with the place and so was hoping not to have to go back there. Hubby doesn't think it is safe for me or baby really, but we can't afford for me to leave at the moment.

mariefab

Unfortunately, your employer can refuse to permit you to take holidays if it isn't convenient.


However, you can bring your maternity leave start date forward by giving them 28 days notice.
So, you could give them a note tomorrow stating that you will start your maternity leave on 1st August.
You could add that you will be taking the full year (that you are automatically entitled to).


This would get you out of that workplace sooner and give you the maximum amount of time to find something else before your return date.
Plus you will accrue a full year of holiday entitlement that must be paid to you (along with any leave carried over from April to August) if you don't return.

Wellyboots6

Could it work the other way where I give them a letter pushing my maternity leave back two weeks? And ask for holiday for those two weeks to get it used?
He is likely to grant that as he has cover for me from 10th august.
Or can you only bring it forward?

getmore4less

You really need to get on the web and look up your right around maternity, loads of places discuss the issues.

https://www.gov.uk/maternity-pay-leave/overview

You should have made the adjustments, the place being busy/low staff was not your problem.

Things like appointments need to be paid so if you had medical issues were these not more frequent?

edit:wrong section (deleted from this post)

edit 2.
part of the legislation is
http://www.legislation.gov.uk/uksi/1999/3312/regulation/6/made

this referes to section 4 for notification(21days min)

(note this says 6 weeks for maternity related illnes not 4 that most places say)


Note that the rules for maternity leave and those for maternity pay may be different.

Wellyboots6

I had my medical appointments on my days off as he asked me to arrange them for days off rather than work days due to needing to pay me. My antenatal appointments have sometimes been on a work day, but it has been less hassle to book them on a day off.
Although having said that, I have just remembered I have been asked to take unpaid leave for my antenatal classes.

I have been reading up on legislation but I get confused easily! Those links are helpful though thank you

getmore4less

It is confusing

Antenatal and taking unpaid seems to be against the law
(anyone more up on this?)

You are leaving, why be so accommodating.

Wellyboots6

I'm only being accommodating until I am sure of my rights!
Just want to make sure I have all my facts together ready for this meeting next week, then unleash the hormonal pregnant woman!