Maternity Leave issue

[siobhank83]

Hi there
So the statutory provision for maternity leave states Maternity leave must commence not later than two weeks before the end of the expected week of confinement.

The Act also refers to the 'date of confinement' which is basically the due date. So there is a clear distinction between the 'week' and 'date' of being due.

My employer is trying to make me take 14 calendar days' maternity leave before the due date, as opposed to statutory provision above which states 2 weeks before the end of the week I am due. Citizens' Advice, comparable sectors' guidance documents (e.g. teachers) and common sense tells me that that is misinterpretation of the statute, and I have told HR this but they say the 14 calendar day rule is the way 'it's always been done here'.
I wouldn't mind except I am due on a Monday and if they enforce their rule, I will have to take a week extra mat leave sitting at home waiting for a baby that will probably arrive late anyway, as it's my first!
How do I enforce the correct interpretation of the law without getting solicitors etc involved? I am not in a union, i work for HSE so the only mat leave policy to refer to is the one which pretty much copy and pastes the statutory provisions, it's a new employer and the HR lady is really nice so I don't want to annoy her but I want to stick firm on this.

 

[Clamball]

If you count the week of the confinement as one of the weeks of leave then you have a point but your employer is looking at the two weeks before the week of confinement, which is what the act says.

So for example you are due Monday 13th Feb then your employer wants your leave to commence on Monday 30th Jan, to give you the full 2 weeks off before the week of confinement, but you want your leave to commence on Monday 6th Feb which is only 1 week before the week of confinement. I think the emphasis is on "before" the week of confinement.

I personally do not think you have a case.

 

[siobhank83]

Yes but it is before the end of the week of confinement, not before the beginning of the week, or the due date. So of course one counts that week.

Anyway I found the actual HSE Circular on this which proves my point at para 3(b) so I guess I send that to her and if there is still a dispute refer to Rights Commissioner as per the document. NB cannot link to either this or the document below due to lack of seniority.

(I also found the Government's 'Plain English' Guide to Maternity Leave Entitlements which again interprets in my favour but I don't want to sound rude!). I think the wording of the Act is confusing but where there is a week's paid leave in the difference I want to stand my ground.

 

[Joe_90]

Two weeks before the end of the week of confinement.

So if you are due on a Monday you should be on leave the previous Monday so you have the whole of the first week and the whole of the second week albeit the child is due at the start of the second week.

Perhaps it's your employer trying to ensure that employees have adequate time off work prior to the birth.

I'd agree with your view. If the child was due on a Sunday then it would be two full weeks. What a difference a day makes!!!

 

[Mrs Vimes]

When my first was due it was 4 weeks (out of 18) that had to be taken before the date of confinement and I was also working in the public service.

My 2-steps-up line manager when congratulating me told me to "talk to the girls about when the doctor fills in the form and don't waste any leave".

The doctor in question was well ahead anyway!

As it happened he was a few days early!

 

[Clamball]

I think all you have to confirm to your employer is the week you baby is due so she won't be able to work back from a date, as you could be due any day that week. I am glad you got it sorted out to your satisfaction and best of luck with the baby.