Do they have to pay me holiday pay?

[BellaBoo0512]

I started my maternity leave in February. At work my holiday year is 1st November - 31st October. When my mat leave started I had accrued 2 weeks, which they let me take before my mat leave started. It's the end of the holiday year at the end of the month and I will of accrued about 3-4 weeks annual leave whilst I've been off. I resigned yesterday and said I won't be returning to work.

Does this mean I will lose my holiday pay that they owe me? They have a strict policy that if you don't use your annual leave by the end of the holiday year then you lose it. It's like £600-£800 though and would really come in handy!

 

[Pearls18]

You are entitled to your leave, however I'm not sure what happens in terms of carrying it over. Technically what you are likely to find (well the places I work) is that they will tag the annual leave on top of your leave date, so for instance if you officially want to resign October 1st but have 2 weeks of annual leave left they will pay you up until October 14th if that makes sense? My annual leave runs August-July, I took all my 6 weeks at the start of my mat leave (right now) because I could only carry over 10 days, if I had tried to do it at the end of my mat leave I would have been in a new year and technically should've carried more than 10 days, however, I'm not sure if it is "special circumstances" being pregnant. I would speak to your HR because they should be paying you back your holiday leave, although I'm not sure if they will say you carried too much over, but technically you could t take it on mat leave?

 

[BellaBoo0512]

I think I get what you mean. It's not my employers that pay me though so I don't know what will happen. My paid leave (maternity allowance) ends in mid November. My boss hasn't even got back to me yet to acknowledge that she has received my resignation so I guess I'll have to wait for her reply as I don't have any details for HR and there's no info on the company website.

 

[Pearls18]

I think I get what you mean. It's not my employers that pay me though so I don't know what will happen. My paid leave (maternity allowance) ends in mid November. My boss hasn't even got back to me yet to acknowledge that she has received my resignation so I guess I'll have to wait for her reply as I don't have any details for HR and there's no info on the company website.

You should still have been classed as working while on MA so as you say you have accrued the leave and I will be surprised if you are not entitled to it, I would definitely ask and don't feel guilty for doing so, if the first person says no, ask someone else! I think ACAS can be good for these kinds of employment questions if you want to give them a google.

 

[BellaBoo0512]

Okay thank you I'm really hoping I do get it! I've been in touch with acas a few years ago regarding my old job so ill definitely be ringing them if I start getting problems. If I handed my notice in yesterday then should they pay me leave owed up until yesterday?

 

[Pearls18]

I think so, unless you are still technically getting MA in which case I *think* you could make your last day as the last day you receive MA payment to maximise how much you accrue, if MA has already finished then I assume it'll be yesterday oh however, I'm not sure if they need a month's notice? Not that it makes any difference to you in terms if money but it might mean you accrue more if your official end date is next month? if I am making sense, I am confusing myself lol. In terms of accruing leave you might be better off officially resigning right at the end of your maternity leave so you have worked a full year?? But bare in mind you may not get paid the annual leave until after the 3 months unpaid. How far are you into mat leave?

 

[BellaBoo0512]

Yeah I get what you mean. My mat leave started at the end of feb and my maternity allowance ends mid November so that will be 39 weeks. On the letter my manager sent me when I requested maternity allowance it says my return date is February 2014.

 

[SabrinaKat]

Actually (and the situation is the same in the UK and Ireland), you do accumulate holiday leave AND any bank holidays that occured whilst on maternity leave. My employer didn't like it (hehehe!), but they had to pay me 4 weeks holidays AND almost 8 bank holidays, so I got about 5-6weeks of pay. Check with your 'equality authority' (not sure what it is called in UK), but you are considered working whilst on maternity leave and legally entitled to claim any and ALL leave!

Also, the fact that you are on maternity leave at the end of the year (and not physically in the office) cannot be used to deny you any annual leave (maternity leave and your entitlements within over-ride any employers' rules/regulations), so I'd definitely ask for it and double check as to any bank holidays from feb 1 to your date of resignation (or are you giving notice? then, it's the last day of your notice rather than date of resignation)....

best wishes

 

[Pearls18]

Yeah I get what you mean. My mat leave started at the end of feb and my maternity allowance ends mid November so that will be 39 weeks. On the letter my manager sent me when I requested maternity allowance it says my return date is February 2014.

Let me know how you get on x

 

[BellaBoo0512]

Thank you will keep you posted! I didn't mention my annual leave in my resignation email... I just presumed they would automatically give me a cheque or something if I'm entitled to them. Do you reckon I should ask her about them? She's not got back to me yet though. I sent her an email a while ago and was waiting 4 weeks for a reply.

 

[Pearls18]

Thank you will keep you posted! I didn't mention my annual leave in my resignation email... I just presumed they would automatically give me a cheque or something if I'm entitled to them. Do you reckon I should ask her about them? She's not got back to me yet though. I sent her an email a while ago and was waiting 4 weeks for a reply.

Definitely ask, I would say I would like to take my annual leave from *this* date to *this* date and leave at the end.

 

[BellaBoo0512]

I don't have a clue how much annual leave I have got left remaining. Ill email now and ask. She is so ignorant!

 

[BellaBoo0512]

I just put this:

Please can you confirm that you received my email the other day? Also I was just wandering how much annual leave I have accrued whilst I've been on maternity leave and how this will be paid to me.

 

[Pearls18]

I just put this:

Please can you confirm that you received my email the other day? Also I was just wandering how much annual leave I have accrued whilst I've been on maternity leave and how this will be paid to me.

That sounds good to me, then youll probably just tag it on the end of your "finish date" to get a new finish date, it all means the same thing but companies tend to do it like that than give out a lump sum but their policy might be different. Hope they respond soon, an email should be taken the same as something in writing.

 

[BellaBoo0512]

I have known them in the past to send cheques but they could of changed things as it's been a year since I left. I usually prefer to send letters rather than emails but letters seem to get misplaced in that place! My manager lost my matB1 form and I had to go through a lot of effort to get another one. She swears blind I didn't send it but replied to the letter I sent with it!

 

[BellaBoo0512]

It's been almost a week and I'm still waiting for replies to both emails. So annoying!

 

[Pearls18]

It's been almost a week and I'm still waiting for replies to both emails. So annoying!

Pretty sure they're not allowed to take that long there must be a formality with these things, I would call up to chase them up.

 

[BellaBoo0512]

They don't seen to bother to rush to reply to me. Just rang up and spoke to the administrator (that has taken over my job) she just said she will get the manager to ring me back. I hate all this waiting around!

 

[Abz1982]

Actually (and the situation is the same in the UK and Ireland), you do accumulate holiday leave AND any bank holidays that occured whilst on maternity leave. My employer didn't like it (hehehe!), but they had to pay me 4 weeks holidays AND almost 8 bank holidays, so I got about 5-6weeks of pay. Check with your 'equality authority' (not sure what it is called in UK), but you are considered working whilst on maternity leave and legally entitled to claim any and ALL leave!

Also, the fact that you are on maternity leave at the end of the year (and not physically in the office) cannot be used to deny you any annual leave (maternity leave and your entitlements within over-ride any employers' rules/regulations), so I'd definitely ask for it and double check as to any bank holidays from feb 1 to your date of resignation (or are you giving notice? then, it's the last day of your notice rather than date of resignation)....

best wishes

See, so I could be very screwy with my work as they are saying that technically I am still on a FT contract, but was doing PT hours. I have NO PT contract, but I have only taken PT days off and I think I have like 3 left over...which means I really have 14 days owing to me as when on maternity leave I could argue that they are saying im FT, so I accrue holiday at the FT rate........................or would that be too shitty??

 

[BellaBoo0512]

It's been almost a week and I'm still waiting for replies to both emails. So annoying!

Pretty sure they're not allowed to take that long there must be a formality with these things, I would call up to chase them up.

Well I'm still waiting to hear back! Emailed the manager twice more and had no reply, rang up but she is never there and emailed payroll. Not had one reply. So annoying!