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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47367
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My wifes school has recently become an Academy. She is due

Resolved Question:

My wife's school has recently become an Academy. She is due to go on maternity leave in early November 2014. Management have intimated that whilst on maternity leave she will be unable to leave the country for holiday. etc. Is she allowed to go on holiday during maternity as we have a two week holiday booked in Gran Canaria in Mat 2015?

Many thanks.
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Why are they saying she cannot leave the country?

Customer:

They're not giving a reason, but since becoming an academy they seem to be getting away with a lot.

Ben Jones :

ok tanks let me get my response ready please

Customer:

Thanks Ben.

Ben Jones :

I just need to go in a meeting as well so it won't be immediately I get back to you, but I won't be too long

Customer:

Ok thanks.

Ben Jones :

The employer cannot force your wife to remain in the country during her maternity leave. This is her own time and what she does in that period is entirely up to her. No one can physically force her to remain here and even if she goes abroad, any action the employer takes, such as disciplinary action, is going to be unfair because they do not have the right to request that of her.


 


The employer can reject her requests for taking holidays on specific dates but this is not about her taking a holiday from her holiday allowance, it is about what she does during her maternity leave, something which she is entitled to by law and something over which the employer has no real control.

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