The policy here states the unpaid maternity leave must be taken no earlier than six weeks before the date of your baby's birth and no later than the date of birth. So I can't see how an employer could insist you take annual leave first and still satisfy the law. Some employers give annual leave at the end of the maternity leave component, if a mother wishes to extend her time off, but insisting on it before could mean they are breaking the law. Imagine if you gave birth a couple of weeks early and they still had you on annual leave? You wouldn't be taking your maternity leave as the law stipulates.
I think they can legally require you to only take 12 months, they don't have to allow you to use your annual leave after your maternity leave, but that would be the only thing I could think of.
Update: I read the Fair Work stuff and it seems for pre-adoption leave they can require you to use annual leave. That's the only comment on annual leave that relates to maternity leave on the website.
Last edited by Jennifer13; October 27th, 2010 at 10:42 AM.
I am very annoyed - and getting more so as the morning goes on! Mainly because they didn't make it clear originally - I would have had no problem in taking the leave, had I had enough notice.
I do get paid (3 weeks now and 3 weeks once I have been back for 3 months!), so I'm not sure where I stand legally with that.
I have now spoken with an HR manager, who assures me this is company policy. I have let her know that I am not happy with not being informed and it not being clear in the documentation, so I would like my leave accrual to remain. I am waiting on her to get back to me on this. If I don't get a satisfactory answer, I will take it further.
I had come in this morning with the intention to hand things over nicely, as complete as possible, the way I have always left things when I leave from work, but this crap is making me feel like, why should I bother. May as well just do what everyone else does and leave it a mess for others to sort out. Lack of respect for me, means I have no respect for this place. Am even considering whether I bother coming in the next two days or just take that annual leave that I am owed.
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Why does mat leave always have to be so bl**dy complicated??
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