Holiday Entitlement

[Pingu]

Hello,

I currently get 25 holidays a year 1st January - 31st December. I am hoping if all goes well to start my maternity leave from the 1st January 2010.

I have read the terms and conditions and my holidays are accrued for 26 weeks when I am on maternity leave so in 2010 I would get 12.5 days holiday.

Do you think the company would allow me to take these holidays at the beginning of 2010 so I could start my actual maternity leave from 13th January with the first few weeks paid??

It only says on the terms and conditions that I can't take them in the middle of my maternity leave. I have sent an email to my HR but they take so long to reply!

Thanks

 

[Seraphim]

Are you in the UK?

You have FULL holiday entitlement whilst on maternity leave in the UK - and it's open to your employers to decide if they will allow you to take year-1s holiday during year-2 (but it shouldn't make any difference to them in all honesty, because you could start your maternity then anyway)

 

[Pingu]

Thank you. I am in the UK.

I was also thinking that I am entitled to my full holiday but it says my entitlements are only protected for 26 weeks!

I have found this info on the direct gov site -

Holiday entitlement
If your baby was due on or after 5 October 2008 you will build up all your entitlements to paid holiday throughout your ordinary and additional maternity leave. This is even if your contract says you are entitled to more than the statutory minimum.

You can add holiday to the beginning or end of your maternity leave. You may not be able to carry over untaken holiday entitlement if your maternity leave goes over two holiday years, so it's often best to take this at the beginning of your leave.

For babies born before 5 October 2008 you can still build up your contractual holiday entitlement during your ordinary maternity leave. During any additional maternity leave you can only build up your statutory minimum holiday entitlement.

 

[aly888]

hey,

iv been looking into this too (as i intend to use the remainder of this years holiday before i officially go on maternity leave).

As seraphim said, whist you are on maternity leave you can acrue your holiday for the entire time. this is also true if you intend to take the extended maternity leave taking it up to 52 weeks (1 year). As far as taking your 2010 holiday entitlement at the beginning of January, you might find that your company will use the 'but you havent had time to acrue that holiday yet' (ie, you acrue 5 days holiday for every 10.4 weeks you work/are on maternity leave).
a woman at my place is on maternity leave now. She left last december and has decided to take the extended maternity leave taking her up to beginning of this December. However, as she acrued her whole years holiday entitlement she is plonking that on the end so she doesnt actually come back until the new year but still has 5 weeks of full pay over xmas!!

 

[Abz1982]

I took my remainder of my holidays before my maternity leave - which was 4 weeks - as I would lose them or get paid in January for them.

If you are employed full time you can take your whole years holiday before you go on maternity leave. What you have stated is in your contract wont hold as its less than the statuatory.

 

[Pingu]

Thanks all, work have advised me that the policy for maternity has not yet been updated to current legislation but I do get the full 25 days in 2010. They have not confirmed whether I can take some of this from 1st January next year yet

I really cannot believe that they have not updated the policy, a colleague who had baby over a year ago was told it was being updated then but it still hasn't!!

Does anyone know what would happen with my holidays if I wasn't to return back to work after my year's leave? I would still be employed so they would be accrued but could they take them away from me?

 

[Seraphim]

It doesn't matter if you go back.
You either take them as extra paid days at the beginning, or at the end, so your 'notice period' would just be deferred. It amaaaaaaaaazes me that the dumbasses don't know it makes no difference - they're the ones in charge, to get fussy with out about it is just pedantic.

 

[Pingu]

Thanks all, I had a meeting with my manager yesterday and she is taking my questions to HR. I am hoping they may allow me to take a few weeks holiday from 3rd January so I can start my maternity later.

 

[Seraphim]

Oh! On the subject of holiday entitlement...

I had to 'update' work about bank holidays...

If you're off sick (doctors note etc) or on maternity leave... you get your full holiday entitlement to take whenever you like (when you're not on leave).

They wanted to give me Entitlement minus Bank Holidays, I had to argue on this and get them to phone ACAS

 

[sapphire20]

If you work full time you may want to look into this but the minimum requirement for holidays is 28 days as of April this year (2009)

 

[Pingu]

I had my meeting with HR today, she has confirmed my holidays are accrued. I can take some from 4th January and start my maternity later. If I do not return to work they will pay any holidays owed to me.

There was no mention of bank holidays. I get 25 days days plus bank holidays each year. Am I entitled to the bank holidays too? I am confused and can't find any info online to back this up

 

[Seraphim]

I did find something online a while back which says you dont have to 'spend' a days worth of holiday on bank holidays whilst youre on leave, so yes you get them too. ACAS confirmed this.

 

[sapphire20]

Yep I get my bank holidays aswell. x