SMP additional leave/holiday help

[weewdy]

I hope someone can help me work this out because im struggling and im having problems with my employer. My holidays run from april to april and i am entitled to 28 days hol a yr ( i used 2 days in april 2012 leaving 26 days). I started maternity leave on 20th april 2012. My 9 month paid leave finishes 21st january 2013. I want to take four weeks unpaid leave and then my remaining holidays. When am i due to return? i work mon to friday.

Also can my employer refuse my additional 4 weeks unpaid? Why is my employer saging i am not entitled to 26 days only 12 days (as there is a complete shut down at christmas and public holidays) i have showed her direct gov website but she says she doesnt need to give me days holiday.

I would be really grateful of any advice

 

[nickibrum]

If you have shown her the website I would take it further and speak to the citizens advice bureau hun. What we say on a forum isnt going to sway her.

I would have thought you would be entitled to the 26 days, you are still classed as a full time employee so that means you get the same priveldges. What she is doing is under the minimum days I think....

 

[barnie]

with regards to the 4 weeks unpaid leave - as far as i was aware you are entitled to a full 12 months mat leave and the last 3 months don't have to be paid so i don't think your employer can refuse you having 10 months total mat leave. however, i'm not entirely sure whether they have to let you take your holiday as in be "back at work but on holiday" or whether they just have to pay you for it as a lump sum. But as you are allowed 12 months i don't see how they could refuse you taking 11 months (last 2 unpaid) and then pay your accrued holiday as a lump sum!

One thing to note though is that i think there is a slight difference in the description of the job they have to hold open for you depending on how long you are off for. At some point it changes from something like "right to return to your job" to "right to return to a job at the same level as your previous post".

not sure how they can argue you should only get 12 days holiday....

 

[Mamoosca]

That doesn't sound right to me. You still accrue holiday whilst on maternity leave. Since you will be returning within the same holiday year you are entitled to use those holidays on your return. I think the only days they can argue is if those 26 days include days in leu of bank holidays.

 

[weewdy]

Bank holidays are a compulsary day off and get deducted from our entitlement. That means i get them back doesnt it?

 

[ArcaneSpark]

I got my normal holiday allowance plus bh days. I think that is normal. Have you checked the direct gov site?

 

[LPF]

I did something similar. My leave year went from 1st October to 30th September and I went on mat leave on 1st October. I stipulated when I was returning within my mat leave (11 monts in) and then I wanted to take some holiday leave but I couldn't take my whole entitlement as I hadn't worked a full year as it were. As you kind of accrues so many days holiday a month within a year, I could only take the days I had actually accrued. It is all down to the manager though - they don't have to let you take blocks of leave.