View Full Version : does Annual Leave have to be included in the notice required to work?
lizzymcfizzy
03-01-2007, 10:13
Sorry another question!
If I need to give 10 weeks notice of maternity leave, does that include the annual leave I will be using with it (and starting with annual leave) or does it only start from the maternity leave required?
For example, I want to finish work from the 1st April and use 4 weeks annual leave then maternity leave (which would start 1st May)
Would the maternity leave really only be required 10 weeks before the 1st of May or still the 1st of April since thats when I would start my combined leave.
?
THANKS!
Liz
Not sure if I can answer your question, but I can share my experience with you. When I had my DD (I worked full time for state govt in health), I took maternity leave, plus I used 5 weeks of annual leave.
I would talk to your HR dept, as I was told that I had to use up my maternity leave first (as that is the primary reason for my leave, unless I had a break between the two types of leave, ie return to work for a week or two between, no thanks), then take my annual leave and that my maternity leave could be paid at either full/part time rate (ie 12 weeks full pay or 24 weeks half pay) but my annual leave could only be paid at full pay. So I got 24 weeks at half pay and then 5 weeks at full pay, which worked out well, as it was extra money toward the end of my maternity leave, once baby bonus & our extra savings etc were all spent came in more useful than at the beginning!!
So the annual leave was not part of the notice period for me when I went on maternity leave.
Usually any annual leave you take is included as a part of the 52 weeks paid/unpaid maternity leave.... or whatever provision your particular award or agreement allows....
So I would say, without knowing any of your particulars, that it would be 10 weeks prior to commencement of annual leave.
But to be sure you are best to contact your Payroll/HR for clarification, or have a look over your award/agreement...
MrsMiggins
03-01-2007, 12:55
With my company, it's actually 10 weeks notice prior to your estimated due date as provided by your Dr/OB.
(I had a big disagreement with my boss about this one! She said it was 10 weeks before I was due to start my leave, but our EA states "10 weeks prior to Estimated Date of Confinement". :p)
IheartOman
03-01-2007, 13:01
Hey Lizzy,
Have you thought about speaking with a HR rep? Each company varies and can have different requirements, as well as this you may have signed a terms of employment which states in there what you have to do. :)
WeloveHarriet
03-01-2007, 14:58
My employer will only let you have 52 weeks off - so if you wanted to take holidays as part of that your maternity leave would be reduced by the holiday amount. The only way I got around it was by having my holidays then coming back to work for one day (which I conveniently made my doctors appt in the afternoon - so ended only working until midday) then my maternity leave started the following day (good thing too because DD arrived that very next day 4wks early).
kpsilver
05-01-2007, 14:15
Hi - I work in HR, and your leave will generally start from whatever your first day away from work is - in your case annual leave. Legislation allows for 52 week maternity leave in total (after 12 months service), and this 52 weeks will include any annual leave, paid maternity leave etc as well as the unpaid leave.
Also, in general (but varies from state to state), you must start maternity leave 6 weeks before the EDD unless you have a doctors certificate to say you are fit to work for longer.
Hope this helps!
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