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Old Oct 13th, 2010, 06:50 AM   #1
Mrs M
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Advice on holiday entitlement whilst on maternity leave.


Hi,

I was wondering if anyone would be able to give me some advice please. I have posted this under work and finance too but only got a couple of replies! I thought if I posted it here too some you maybe of been in this situation and could help!

My holidays run from January to January and my maternity leave started at the end of January. My 9 months paid maternity leave finishes at the end of october.

However, it looks like im not going to be able to return to work and i was wondering if i hand my notice in for the end of october, would i lose holidays for November and Decemeber and only get paid for the holidays i have accrued from January to the end of October?

I was thinking if I go into my extended maternity leave (without pay) and hand my notice in after xmas, will i get a full years holiday entitlement?

If anyone has been in this situation or can give me any advice that would be great.

Thanks.


 
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Old Oct 13th, 2010, 06:57 AM   #2
mariew
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Hi, I'm not sure if it applies everywhere, but in my job i had to sign a contract before i left for ML to say that if i didn't return for at least 3 months after my ML i would have to pay back the money that i received whilst on ML. I accrued all my holiday whilst off and have 26 days to use before the end of March.
Were you given any sort of contract or information before you left?
mariew


 
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Old Oct 13th, 2010, 07:12 AM   #3
Scally
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I left work after getting 9 months basic maternity pay, then a month after i left i got holiday pay!!!! (such a bonus as i wasnt expecting it at all!!!)


 
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Old Oct 13th, 2010, 07:19 AM   #4
littleblonde
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you only get holiday for what you earnt. But yes if you stayed of unpaid then you would get holiday for that period. However you probably need to give notice to say you wish to do this of 4 weeks else they can say no.


 
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Old Oct 13th, 2010, 09:03 AM   #5
Mrs M
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Thanks ladies!

I didn't sign a contract or anything before mg maternity leave as I was due to finish 3 weeks before my little girl was due on a Friday but went into labour on the Thursday night.

I only need to give one weeks notice but I don't know whether I'm best of handing in my notice at the end of october or waiting until after Xmas, as I suppose if I can get my full years holiday entitlement it might be worthwhile.


 
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Old Oct 13th, 2010, 09:06 AM   #6
LankyDoodle
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Quote:
Originally Posted by mariew View Post
Hi, I'm not sure if it applies everywhere, but in my job i had to sign a contract before i left for ML to say that if i didn't return for at least 3 months after my ML i would have to pay back the money that i received whilst on ML. I accrued all my holiday whilst off and have 26 days to use before the end of March.
Were you given any sort of contract or information before you left?
mariew
That's occupational mat pay. They cannot, by law, request you to pay back the SMP element (126 a week).


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Old Oct 13th, 2010, 09:06 AM   #7
littleblonde
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im assuming they treat un paid leave the same way at mat leave when it comes to holiday. Im not sure how you can find out for sure


 
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Old Oct 13th, 2010, 09:07 AM   #8
LankyDoodle
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I am in the EXACT same predicament. I am handing in my notice at the end of Nov for leaving end of Jan. They would not allow me to take my hol leave before maternity started, so I will be due about £1400 smackeroonies!!!


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Old Oct 13th, 2010, 09:08 AM   #9
LankyDoodle
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Unpaid leave should be treated the same - you are still employed and still acrue hol.


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Old Oct 13th, 2010, 09:12 AM   #10
Mrs M
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Quote:
Originally Posted by LankyDoodle View Post
I am in the EXACT same predicament. I am handing in my notice at the end of Nov for leaving end of Jan. They would not allow me to take my hol leave before maternity started, so I will be due about £1400 smackeroonies!!!
How much notice do you have to give work? I wasn't allowed to take my holiday pay before my maternity leave too! I have just been getting statutory smp so don't have to go back to pay any of it back!

Do your holidays run from January to January?


 
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