Employment Lawyers Can Answer Your Employment Law Questions
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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).
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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.
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