Qualifying for Maternity Leave

[bubhub2009]

Hey guys, I need some advice about my maternity leave.

I am in my first trimester and my due date falls two weeks before I qualify for maternity leave (e.g. 2 weeks before i've been with my employer for 12 months). This is 3 months paid maternity leave!! Basically I am due mid Feb but qualify at the end of Feb :no: Does anyone have any ideas as to whether I would qualify if I took 2 weeks leave from mid feb to the end of feb, and the baby is born before my 12 months qualifying is up? I haven't spoken about it with my employer as i haven't made my pregnancy public news yet, and I want to figure out what to do!! Has anyone been in this situation before?? I am also wondering whether my employer would waive the 2 weeks, but am assuming not as it is the rules....

Any advice would be greatly appreciated!!

[Pina Colada]

I was in a very similar situation - I was 4 weeks away from my 12 months.

Bascially I had to miss out on paid maternity leave (6 weeks), but they did approve my maternity leave and hold my job for me, which technically they didn't have to do. So it was a bit of give, and a bit of take I guess.

I'm not sure about taking leave, I guess it is dependant on your employer and their policies and how flexible they are :confused:

[KatiesMum]

I would think that you would not qualify.

Especially as you may not be able to work right up to the birth, so it wont be just 2 weeks of annual leave to get to the qualifying time ...

Also - just having annual leave does not actually change your entitlement dates ... the important dates here are
- start date
- 1 yr anniversary
- due date

Taking annual leave will only change the date you start your maternity leave ... it doesnt change the date you started your employment or the date you qualify for the maternity leave (or your date due for that matter :D)

Sorry - but unless you have a very understanding and flexible employer I dont think you will get it.

[lilboysmum]

Congratulations..

I think your at the mercy of your employer on this one. Check your employment offer and conditions and the union if you belong to one. Each agreement will be different, but as I remember it, most award conditions are 12 months and I think anything 6 weeks before EDD is counted as maternity leave (paid or unpaid and even annual/sick leave) - that one might just have been in our workplace/award.

Good luck.