siobhank83
Registered User
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- 9
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.
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.