Requesting Additional Maternity Leave while on maternity

Giggidy

I am currently on Ordinary maternity leave (39 weeks) and due to return to work the first week of March. My partner and I decided recently it might be better if I took additional maternity leave taking it up to the full 52 weeks, for childcare purposes and the costs involved.

I read up on CAB's website that if you are already on leave you can request additional maternity leave, if you give the employer at least 8 weeks notice. I am meant to start in 6 weeks so obviously this is less than the required notice. They do also go on to say, if your employer did not give your maternity leave dates in writing then you don't have to give 8 weeks. I gave my employer my dates in writing, they didn't actually do it. On top of that, they were supposed to give me 8 weeks notice and confirmation for the flexible work request application I made to reduce my days, they have yet to confirm it.

So in short, do I have a leg to stand on, giving only 6 weeks notice, and can they still turn me down?

Savvy_Sue

They can still turn you down, but they may not. We've not been rigid about the 8 weeks, but I guess for some employers they might need to be.

I'd suggest you ring first and say you'd like to put your date of return back, and that you will confirm this in writing, but ask if that is likely to be acceptable. In your letter you might want to say that if you have not heard within - say - two weeks, you will assume it is OK, although I'm not sure where you'd be with that legally.