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Old Jul 27th, 2011, 06:05 AM   1
fallenangel78
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Help with UK Maternity Leave and Holiday Entitlement Please


Can any of the UK ladies help me with a maternity leave question please? I work in a really small organisation with no HR department for me to grill and I want to be as prepared as I can be before I go to my boss with my notice regarding maternity leave.

With regards to holiday that would be built up over the SMP period I assume this is treated as if you were a 'normal' employee? At the moment I have 20 days annual leave, plus 3 days that need to be held back for Christmas and all Bank Holidays.

The normal holiday takes me up to 23 days so 5 days less than the statutory minimum leave requirement so I assume I will be entitled to ramp this up to 28 days over the 12 month period?

Our holiday entitlement runs from December to December and my bump is due 20th December so I will be finishing before then (still not decided on the definite date yet). Are holidays that are going to be accrued over the maternity period normally taken at the start/end of the maternity period? If so, would I be within my rights at all to ask to have next year's holiday to be taken in advance at the start of my leave or would I have to tag this onto the end of my maternity leave?

Also, if I then decided not to come back to my job after my SMP period of 12 months, I take it I don't have to pay anything back to my employer with regards to holiday as it would still be classed as a normal employment period?

Sorry it's a bit long and confusing but any help would be gratefully received



 
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Old Jul 27th, 2011, 06:57 AM   2
Happy411
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Hi fallenangel,

As your holiday's run from dec-dec and your leaving in dec you are able to take the holidays that you have not used in the current year before you start mat leave. You will accrue your holidays including bank holidays in the first 16 weeks(need to double check that but you do get bank hols too) of mat leave. You should be allowed to take some of those days in advance, but this will depend on company policy.

Should you choose not to come back, the days accrued and unused will be paid out to you in your final paycheck. If your company does not have an enhanced mat leave policy no payback would be required. I would advise that you read through your contract to make sure.

But by law, you accrue your holidays as normal, should you choose not to come back notify your company in writing between 12-15 weeks before returning. hope i helped and good luck.



 
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Old Jul 27th, 2011, 07:07 AM   3
Rees
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You have to give then 28 days notice before you go off on maternity leave, however if you go into labour and have baby before you can do that your leave starts right away.

You're holiday entitlements will be saved while you are on maternity, you can't take any extra that you are entitled to before you have the baby, so if you have some left for this year then you can take those, but you can't take any out of the following year, you can shove them on the end of your mat leave though to make it longer.

I have about 3 weeks of winter holiday and I'm taking that before my mat leave starts, and I'll have the same amount of summer leave when I go back which will go on the end of my maternity leave, so instead of having 39 weeks maternity leave I'll actually have 45.

As you're in a small company things might work differently, I work for a rather large bookies and all I get is SMP for 39 weeks.

This website might help you understand a bit more http://www.maternityaction.org.uk/ They have loads of fact sheets and information on there.



 
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Old Jul 27th, 2011, 07:18 AM   4
fallenangel78
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Quote:
Originally Posted by Happy411 View Post
Hi fallenangel,

As your holiday's run from dec-dec and your leaving in dec you are able to take the holidays that you have not used in the current year before you start mat leave. You will accrue your holidays including bank holidays in the first 16 weeks(need to double check that but you do get bank hols too) of mat leave. You should be allowed to take some of those days in advance, but this will depend on company policy.

Should you choose not to come back, the days accrued and unused will be paid out to you in your final paycheck. If your company does not have an enhanced mat leave policy no payback would be required. I would advise that you read through your contract to make sure.

But by law, you accrue your holidays as normal, should you choose not to come back notify your company in writing between 12-15 weeks before returning. hope i helped and good luck.
This is where things get a bit disjointed Happy because I don't actually have a contract (as crazy as it sounds!), only a letter from when I started confirming my start date, hours of work and holiday entitlement...

I have not been told what maternity package the company offers so I am assuming that it will just be SMP. They also keep badgering me to know when I'm planning on coming back which I know they can't do.

I asked the question about being able to tag on the holiday at the end of the leave because I have no faith what so ever that the company will even exist to pay me at the end of my 12 months, lol!



 
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Old Jul 27th, 2011, 10:28 AM   5
Happy411
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Ok i see, so if you have worked for the company for long enough, they are required to pay you SMP and if they cant they need to give you an SMP1 stating why they can not do so. You will be able to take this to the DWP and they will pay you SMP. If you are on PAYE there is no reason why they should pay you unless you have not worked for them long enough. Out of interest how many employees does the company have?

If i were you i would ask my line manager to advise how the process works, they should be able to give you this at least. I would then just incase get all my P60 etc from the company ready if they advise they can't pay you, as you will need these. PM if you need more help.



 
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Old Jul 27th, 2011, 13:18 PM   6
mspotter
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Hiya
My babys due xmas day so i'm having to take all my left over holidays before i finish at the start of december. I'll take some of next years that i'll accrue while i'm on leave and tag them onto the end to give me maybe another week or two on the end.
My contract says i'm entitled to 26 days hol + bank holidays. My work aren't giving me my bank holidays back as days off as they say that they aren't accruable holiday and have to be taken and paid on set days. As i'm already off on mat leave those days and getting smp they say that i am getting the days off and getting paid for them (even tho it is only at smp rate and not my normal rate). Its a bit pants but not a lot i can do about it really!
xx



 
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