Maternity Leave

[xXDeetsXx]

Hi all,

i hope someone can help me with a question regarding accrued holiday leave whilst on mat leave.

I work in a school and one of our employees is currently on mat leave. She has informed us that she does not wish to return. My HR department are saying that her resignation date is the last day she received maternity pay therefore she wont have acrued holiday entitlement past this date (the last day she received mat pay was in December).

Does anyone know if this is correct? It just doesnt sound right to me! Ive had a quick google but ive not found anything that addresses this scenario!

Help!

thanks

x

 

[Annie77]

Direct.gov is a good site for info. If your colleague was originally planning to return to work she would have been entitled to different pay than if she wasn't returning. Your local authority will have their own maternity policy and it will show the different routes if mat leave and pay.
Basically, if u originally plan to return to work then change your mind later on, you may have to pay back some of your mat pay. As for annual leave, she only accrues what leave she had until she resigned. If your annual leave is calculated jan-jan and say you get 120 days, resigning in July means you are only entitled to approx 60 days, not the whole year.

Hope this makes sense? It is difficult to decide whether or not you are planning to go back but much more simple to do so beforehand if possible.
In NHS you must return for 13 weeks but I wangled it so that I returned to a 4hr post, worked 4 sat mornings and then used accrued annual leave to take the next 9 sat shifts off as I had 36 hours or so to use up.

 

[Pink Flowers]

If she was on SMP she wont have to pay anything back, and she will receive her holiday until the date of leaving. Not the date of her last payment, as legally a company has to keep the job open for up to 52 weeks.

 

[xXDeetsXx]

If she was on SMP she wont have to pay anything back, and she will receive her holiday until the date of leaving. Not the date of her last payment, as legally a company has to keep the job open for up to 52 weeks.

Shes only taken SMP which ended in December, shes now decided not to return. However the HR department are saying her resignation date has to be December (since that was when she received her last SMP) which means she wont have accrued holiday for January & February.

I have been to the direct.gov website but it doesnt talk about accrued holiday etc.

I believe as shes handed in her notice in today, her last day should be today, which means she will ahve acrrued holiday through january and part of February.

I dont like to think of someone being manipulated!!

thanks for the responses so far

x

 

[Lawgirl]

HR are wrong. She continues to 'work' for the company up until her notice period end and so accrues annual leave until this date.

 

[xXDeetsXx]

HR are wrong. She continues to 'work' for the company up until her notice period end and so accrues annual leave until this date.

thats what i thought - ill contact them and tell them they are wrong. See where we go from here. Im also keen to clear it up because i have no intention of returning to work either so dont want them messing me around either!!

thanks all x