# Can an employer refuse additional (unpaid) maternity leave



## buzybee (30 Apr 2011)

I work in the Civil Service and I am due to take the 26 wks maternity leave.  I would like to know if they can refuse a request for additional (unpaid) mat leave.  I would hope to take about 8 wks additional unpaid maternity leave after I finish the 26 wks.

The reason is that my 26 wks will finish in Nov, and I would like to have baby at home during Dec and Jan so baby is not picking up flus/illnesses in the creche in the cold weather.

Can the Civil Service refuse this? There have been cutbacks and they are short staffed.  I know it would not be useful to me if they made me come back, but baby in creche and offered the leave a few months later.  Once baby is put into a creche, I would have to pay full price to keep my place.  So if the employer offered me unpaid leave at a later date, I would still have to pay for creche, even if baby is at home with me.

I also have most of my 2011 annual leave of 20 days kept.   I know the employer does not have to grant me annual leave after my maternity leave.  This is why I would prefer to ask for unpaid leave, so I might have a better chance of getting the time off.


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## becky (30 Apr 2011)

You can have an additional 16 weeks unpaid mat leave, this is statutory so the employer must grant it to you.  You are required to give 4 weeks notice of your intention to take the unpaid part.  You can do also do this when you apply for mat leave.

You should also try and take your 2011 annual leave before you return.  I made a girl returning from unpaid mat leave take 3 weeks as it would have meant she would have 8 weeks leave in Feb (our leave year starts in April).


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## Complainer (30 Apr 2011)

I'd have thought that in the current environment, the bean-counters would only be too delighted to have you off payroll for a further period, as they are trying to make every possible saving they can.


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## buzybee (30 Apr 2011)

I am trying to avoid a situation where I am back at work, baby gets sick at creche, and I have to ask for time off to mind baby.   I would prefer to take the unpaid leave off in the 'flu' months of dec and jan, and then be able to come back to work full time in feb or march.

If the employer tries to make me come back to work in dec and jan, and then grants the unpaid leave in march or april, this will be no good, as I will have baby started in creche, and will have to pay to keep the place.


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## becky (30 Apr 2011)

buzybee said:


> I am trying to avoid a situation where I am back at work, baby gets sick at creche, and I have to ask for time off to mind baby.   I would prefer to take the unpaid leave off in the 'flu' months of dec and jan, and then be able to come back to work full time in feb or march.
> 
> If the employer tries to make me come back to work in dec and jan, and then grants the unpaid leave in march or april, this will be no good, as I will have baby started in creche, and will have to pay to keep the place.



You have to take the unpaid mat leave immediately after the paid mat leave.  You can't return to work and then take it later.  As I said earlier it's a statutory entitlement so the employer can't refuse it or make you come back.


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## Alias (3 May 2011)

They can not stop you taking unpaid leave, and it has to be immediately after paid leave, as becky has said.  But I'll warn you, it doesn't matter when the kid starts the creche, they're still going to catch something in the first 2 weeks!


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## huskerdu (3 May 2011)

alias said:


> they can not stop you taking unpaid leave, and it has to be immediately after paid leave, as becky has said.  But i'll warn you, it doesn't matter when the kid starts the creche, they're still going to catch something in the first 2 weeks!



+1


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