Can work take my holidays from me?

[Jadey121]

i was signed off for 3 weeks by the doctor with stress. I called my works to let them know and i originally planned to take my 4 weeks holiday from beginning of march. Then start my maternity leave from April at 29 weeks. My boss has told me because ive been signed off i cannot take my holidays therefore i will loose them. Is this true? The only thing she said i could do is not get another note when this one runs out so i could use the holidays but i dont want to give them any reason for them to get rid of me... and by not getting a docs note is giving them a reason?!

 

[Lilli]

That sounds a bit dodgy to me! If you're signed off and the doctor intends for you to be then why would you 'cancel' your sick leave and turn it into annual leave?!
Why don't you just put back the start of your maternity leave?
You shouldn't have to loose your holiday.
Which country are you in?
Do i take it your leave runs from April to April? Surely these are extenuating circumstances and they could let you carry a bit over?
I'd contact your HR department yourself rather than taking your bosses word for it. In my experience, line managers don't really know that much about these things. Unless she went away, asked the questions and got back to you?
hmmmm

 

[MumToEva]

I work for the NHS in the uk, and I would get to use my holidays after my maternity leave in that situation, but I don't know if that's protected by law or anything or just their policy. If you work for a big company it might be worth ringing their personnel dept and discussing it rather that taking your line managers word for it. If you work for a small company, citizens advice might be able to help?

Also, could you just go off on maternity leave later than 29 weeks, ie wait till you are well again, then use your 4 weeks holidays as soon as you go back?

 

[Jadey121]

The holidays run from jan to dec and yes i am in the uk. It sounded dodgy to me too i mean why would i cancel my docs note :-\
i might ring acas for some advice as im sure you dont just loose holidays.

 

[Jadey121]

Its not really a small company its my local newspaper and they have a load of other titles under their belt so wuots a big company. Will ask hr about it too. x

 

[Lilli]

If it isnt April-April then i cant see why you would loose it, just delay the start of your maternity leave?
x

 

[Jadey121]

that is an optiom Lilli

anyhow i just had a short and sweet talk with acas and basically she said they cannot deny me any holidays even if i am signed off work! So i will call the hr department on Monday.

The reason i wanted to take maternity early is so i could cancel my private childcare for my two boys early. Basically to save monies before baby is here as whilst on leave i could look after them.

 

[Dani_Ldn]

Were you receiving SSP (stat sick pay) while you were signed off, or full pay?

You cannot just simply lose your holidays, what is their reasoning behind this? The only way you can lose holidays is if you take them as annual leave days, you cannot lose them because you were off work with a doctors note.

The law in the UK regarding holidays & maternity is that you continue to accrue all holidays during maternity leave (even if your leave is over 2 different years) & that you can take all your leave following maternity, or what some people do is come back to work part time, using their accrued holiday on the days you are not working during the week.