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MAternity leave/Annual leave question

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  • MAternity leave/Annual leave question

    When i go on maternity leave in June i will have 3 weeks annual leave owing. I emailed our HR rep yesterday to ask wether i could take the annual leave from may and then have my maternity leave start in June, Was basically told that no it comes off your 52 weeks maternity leave. I feel that this is wrong and i should be able to take the remainder of my annual leave before my maternity leave starts.

    Any help would be gratefully appreciated.

  • #2
    What?! That doesn't seem right at all Hoping! Your annual leave is separate from maternity so you should be able to take your 3 weeks paid first! Look into it further hun x

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    • #3
      May be different for everyone but with DS I took the paid parental my employer provides and then took about 4 weeks annual leave after that ran out.

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      • #4
        I took 6 weeks annual leave and it came off my 104 weeks we are entitled too. Never really thought about it before but it does suck!

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        • #5
          unfortunately it does come off the 52 weeks you are entitled to.
          If your work gives you paid maternity leave (not PPL from gov) I would take this from the start of you finishing work and then your annual leave because you accrue annual leave from the maternity leave. I get 12 weeks paid maternity leave and that gives me an extra 1 week of annual leave.
          I hope I make sense.....

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          • #6
            Everywhere is different. I can take 12months off in total. I am taking 6 weeks annual leave first as that way I get leave loading, then maternity paid, then maternity unpaid (during which time I will claim PPL), but legally they only have to hold my job for me for 12months.

            Sent from my LG-P500 using BubHub

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            • #7
              subscribing, i'll be back to answer.

              do you work for gvt?

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              • #8
                I get paid maternity leave but in order to get the 5 weeks i have to have been here for 2 years which i haven't been until the beginning of June, i'm just going to take the annual leave in May, just spoke to manager and he is fine with it, he understands i will be tired in the last month and said he would rather i be at home resting than at work tired and not able to work

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                • #9
                  Nah i work for a company.... they have pretty big policies....

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                  • #10
                    Hi Hoping,

                    Unfortunately they are correct (i work in HR/Payroll). Your initial period of absence should not be greater than 52 weeks which includes any annual leave taken in conjunction with your maternity leave.

                    However if you really need that additional 3 weeks off work, you do have the right to request an extension of your maternity leave up to an additional 52 weeks after you have commenced the initial period of absence. I have attached details for your reference. Basically, if you wanted to take the additional 3 weeks off (or more), just apply in writing to your employer within 4 weeks of the cessation of your first period of parental leave. They can refuse based on certain business grounds, however 3 weeks would certainly not be an unreasonable request.

                    http://www.fairwork.gov.au/leave/parental-leave/pages/changing-or-extending-parental-leave.aspx

                    Hope this helps!

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                    • #11
                      Kitti has it right. The total period of absence cannot be more than 12 months including any annual leave or LSL. I actually think this is pretty fair. Some people have 13 weeks LSL and loads of annual leave so if this wasn't the case then in theory you could have someone out on leave for 15-18 months! Bit unreasonable from the employers point of view.

                      As mentioned you do have the option to request up to additional 12 months leave after the initial 12 month period but it might not be accepted. If you do ask to use your three weeks leave at the end of the 12 months, it is likely they would ask you to do this option and apply for the extended leave.

                      Sorry it's not the answer you were looking for but HR have given you the right advice.

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                      • #12
                        Of course employers can always agree to exceptions so if yours has then that's great!

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                        • #13
                          Thanks for all the info everyone I'm taking the annual leave before so I finish work on the 11th of may giving me 5 weeks till edd


                          Sent from my iPhone using Bub Hub trying to concur Auto correct one text at a time

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                          • #14
                            Do all workplaces have maternity leave...I can't recall reading anything about it in my contract hmmm

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                            • #15
                              Yes - unpaid parental leave is available to all permanent (and casual) employees who have been with their company over 12months.

                              Paid parental leave is an entitlement from the govt which you may be eligible for.

                              Some companies have paid parental leave too - but not all.

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