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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47907
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Currently i am pregnant in 21 weeks and 4 days. I requested

Resolved Question:

Hello ! Currently i am pregnant in 21 weeks and 4 days . I requested my annual leave on 11 th of august and it wasn' t aproved . I also requested emergency annual leave as my son will have a surgery at the end of august - begginng of september and it wasn' t aproved as well. Currently , i am in sick leave till 31 st of august . Looking forward for your answer .
Kind regards ***** ***** .
Submitted: 1 month ago.
Category: Employment Law
Customer: replied 1 month ago.
I am entitled to have 62- 63 hours annual leave , as my contract is 36 hours per week .
Customer: replied 1 month ago.
My due date is 1st of January 2018 and it' s very important for me to take my annual leave now , as this will have an impact on my Statutory Maternity Leave ....
Customer: replied 1 month ago.
I want to know if emergency leave is payed in this circumstances
Customer: replied 1 month ago.
Currently i am in sick leave from 10/ 08/ 17 - 31/ 08/ 2017
Customer: replied 1 month ago.
I think my calculation period for Statutory Maternity Leave is 23/ 07 / 17 - 17 / 09 / 17
Expert:  Ben Jones replied 1 month ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 month ago.

When you request annual leave the employer has the legal right to reject that request. However, their decision should not be based on your maternity leave calculations - so they should not refuse the leave to prevent you from taking advantage of the maternity leave by taking the holidays now. So if they have other valid business reasons, such as not enough cover, they can refuse your request but it should not be related to your maternity leave as that can be discriminatory.

Emergency leave (known as leave for dependants) is unpaid so if you have to take it then it will always be unpaid, unless the employer agrees for it to be paid, which they do not have to. You do not need the employer’s consent to take it - as long as you have given them reasonable notice and this is an emergency (I.e. nothing that was pre-planned).

More details here:

https://www.gov.uk/time-off-for-dependants/your-rights

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 1 month ago.
I asked my employer to give me 3 weeks annual leave begining with 31/08/ 17 on 11 / 08 / 17 ...they said is too short notice ...then last friday they said i have only 2 weeks annual leave ...but they said i need to come back to work , to have a meeting with my manager to see if i am fit for work or not ...but only few days after i gave them my MATB1 , my employer sent me a letter on 14 / 08 / ( while i was still in sick leave ) to come for a disciplinary meeting ...i informed him i cannot attend as i am in sick leave and i will let them know when i finish my sick leave . In the letter and in our handbook is mentioned that the sanction can be dissmissal .
Expert:  Ben Jones replied 1 month ago.

You need to give them at least twice the notice of the holidays you want to take. So for 3 weeks leave you need to give them at least 6 weeks notice - that is a legal requirement. On that basis they can refuse the request.

What is the disciplinary for?