I'm almost sure my doc said that you don't HAVE to take two weeks leave prior to your due date but I can't find any information to back this up! I think she said that employers like you to take two weeks but its not obligatory. Anybody able to shed some light on the docs claim?
2 weeks IS obligatory by law, no question of 'like'. You can see all the info on citizens info web site.
Hi Riverbride I couldn't be certain but I am 90% sure you have to take two weeks off prior to your due date. I work in the public sector and I know when we fill out our maternity benefit forms we get the doctor to put down our due date and then our line manager works it out from there that our date for finishing work is 2 weeks prior to the due date. I hope that makes sense!!
I'm due on the 13th of March which falls on a Friday so I'll finish up work on Friday the 27th of Feb. Some of the girls get the doc to put down their due date for a week later which is something I might do as I only get 26 weeks paid maternity leave and if the baby is overdue there could be 3 or 4 weeks of my maternity leave gone!!!!
Hope this helps x
hu101 - I'm fully aware of websites that state two weeks thanks. I wondered if anybody had heard or had info on NOT having to take it - reason being i've holidays beforehand which i'd rather not have to use some of my 26 weeks for.
Thanks for your reply confusedb2b. Think i need to chat to doc again. Those weeks are very precious! Good luck with remainder of pregnancy - not long to go now!!!!
Under the Maternity Protection (Amendment) Act 2004 at least 2 weeks have to be taken before the end of the week of your baby's expected birth and at least 4 weeks after.
To qualify for the maximum period of 26 weeks maternity leave, an employee must take at least 2 weeks before the end of the week in which her baby is due. - Taken from the actual Maternity Form
Postponing maternity leave
Section 7 of the Maternity Protection (Amendment) Act 2004 provides for postponement of maternity leave which applies whether you are on maternity leave, or on additional unpaid maternity leave. The maximum amount of time the leave can be postponed is six months. Note, your employer has the right to refuse your application to postpone your maternity leave.
You may only request that your maternity leave be postponed once you have taken at least 14 weeks' maternity leave, 4 of which must have been taken after the birth. (This provision does not apply to fathers who are on maternity leave).
If you postpone your maternity leave and return to work, then you may take your leave in one block, not later than 7 days after the child has been discharged from hospital. Your employer may request a letter from the hospital confirming the child has been hospitalised and following discharge, a letter confirming the date of discharge.
If you postpone your maternity leave and return to employment, you need to notify the Department of Social and Family Affairs of this. You must notify them in writing that your child has been hospitalised and you have returned to employment. A letter from your family doctor (GP)/hospital is required to confirm to the Department that the child has been discharged from hospital and your maternity benefit should resume. Your Personal Public Service Number (PPS) Number should be clearly identified on all documents you send to the Department.
Remember, you may only apply to postpone your maternity leave if the baby has been hospitalised - not if the child is simply unwell.
Illness while on postponed maternity leave
If you have postponed your maternity leave and become ill when you return to work (before resuming your postponed leave), you may be considered to have started your resumed leave on the first day of your absence because of illness. Alternatively, you may choose to forfeit your right to resumed leave and have your leave treated as sick leave.
If you don't take the min two weeks leave you could be denied the claim for the 26 weeks unless you have valid reasons etc...
I am due the 14th Jan but started ML on the 5th
I also took one weeks holidays the week before ML started
Well I rang the maternity benefit office today about filling in the dates on the form (I'm a little late with it but....) This is what they told me.
Say, you are due on Monday Feb 2nd - you can finish anytime in the week of Jan 19th to 23rd. It does't have to be that your last day at work is exactly 14 days prior to your due date.
The form does say........
[b:3dga0zrf]"an employee must take at least 2 weeks [u:3dga0zrf]before the end of the week in[/u:3dga0zrf] which her baby is due".[/b:3dga0zrf]
Hope this helps