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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50514
Experience:  Qualified Employment Solicitor
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Currently i am pregnant in 21 weeks and 4 days. I requested

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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 ***** ***** .
Customer: replied 9 months ago.
I am entitled to have 62- 63 hours annual leave , as my contract is 36 hours per week .
Customer: replied 9 months 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 9 months ago.
I want to know if emergency leave is payed in this circumstances
Customer: replied 9 months ago.
Currently i am in sick leave from 10/ 08/ 17 - 31/ 08/ 2017
Customer: replied 9 months ago.
I think my calculation period for Statutory Maternity Leave is 23/ 07 / 17 - 17 / 09 / 17

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

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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Customer: replied 9 months 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 .

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?