Confused about holiday entitlement and maternity leave...

[toffee87]

My holidays run from April-April and I have 28 days per year holiday. And I know my boss has only allowed previous staff who went on maternity to have what they have accrued i.e. if they left in August they'd have accrued approx 11/12 days. Yet, I know other people in other jobs who are able to use all of their annual leave before or at the end of maternity.

If I go on maternity in July I'll only have accrued about 9 days, so I'm guessing that's all she'll let me take?

Is that right? I know I legally accrue holidays on maternity, but how can I use them if my maternity pay finishes in April, so I'd never be able to use all of the 28 days.

Sorry if it's confusing, I'm confused myself

 

[kanga]

Where in work, holidays accrued by the time you go on Mat leave are to be taken before mat leave starts.

And holiday accrued while On mat leave can be used before you return to work.

Otherwise i guess they would be giving away holiday that won't accrue for a good few months, possibly year, in the future.

Eta: the usual rules around varying holiday over from one year to another shouldn't apply and should be ignored. Otherwise you lose holiday that ha accrued which is legally yours.

Eg. My holiday runs 1 jan to 31 December and I went on mat leave 1 December 2013. So my accrued holiday from December 2014 will be taken by me in jan 2015, ie in the next holiday year. But that's cos it is impossible for me to take it prior to that.

 

[toffee87]

This is the problem. My mat pay will end in April, when my holidays start again for that tax year. So 19 days holiday could be wasted

I'm trying to find the right advice, but it's all a bit vague.

 

[kanga]

They will get carried froward to the following holiday year. Worth emailing hr and getting them to confirm back in an email so you get written confirmation. Good luck! X

 

[1948LC]

Google Acas and give them a ring they are really helpful. Good luck!

 

[Abz1982]

I was allowed to take my FULL allowance, if I wanted. my year runs Jan to Jan and I started leave in May. I didnt take all days and they paid me for those I did not take.

Here is acas info

https://www.acas.org.uk/media/pdf/7/o/Holidays-and-holiday-pay.pdf

 

[toffee87]

I've phoned acas and as I've been there more than a year I am allowed to take my full leave before maternity. It's only in the first year you accrue holiday.

 

[lozzy21]

She ether has to let you take them or pay you for them.

 

[toffee87]

Just wanted to bump this thread and say:

I spoke to my Manager who had been misinformed by her accountant, that basically you accrue holiday over the year, and so if you go on Maternity 4 months in to your holiday year, you'd only be entitled to so many days, not the full entitlement. For me it was about 9, but I told my boss I had spoken to ACAS who informed me after your first year of employment, you are entitled to the full entitlement and the only problem is being able to fit it in before you go on maternity. Anyway, my Manager didn't believe me, so I asked her to phone her advisors who are connected to ACAS and they obviously said the same as ACAS. So basically, I am able to have the holiday before maternity, I'm lucky in that my boss does give you the money instead if you choose. So I'm having 2 weeks holiday before my maternity and the rest as pay.

So the moral of the story is phone an advice line and challenge them. I don't believe my manager was being awkward, she was told wrong by her accountant.

 

[LoveCakes]

So glad you rang them and well done for standing up for yourself. I feel sorry for the people before you who've lost leave.

How does this work normally, for example if you want to take your 2 weeks summer holiday in May you wouldn't have enough earned?

Our handbook is a bit vague and basically its up to my manger. He's allowing me to carry most of my leave (starts in April I'm due in August) to the next year so basically I'll be paid my last month before I come back and then will still have my years leave to take for 2015/2016.

 

[toffee87]

Normally she wouldn't mind, I think her accountant told her you don't accrue on maternity. I'm glad I did

 

[musicjunkiee]

my holidays are classed as a clean slate in april and i cant take them whenever i like. if i wqanted, i could use my whole allocated before mat leave, regardless of whether i accrued them or not.

i think it is only a problem if you decide to not go back to work and yuove already had the holls. they may then work out what your entitlement would have been and request money back