SMP and holiday entitlement advice urgently needed.

[weewdy]

Hi everyone, having severe problems with my employer and i hope someone who knows about employment law can help.

Bit about my employment first. i have worked with same employer for ten yrs never had day off sick. It is a family run business with no union or hr department and the 2 managers are sisters.

I have been informed that i am not entitled to holidays whilst on maternity leave. in my employment i get 28 days annual leave, 8 of these are given as public holidays, we have to keep holidays for christmas and new yr which varies every year, normally between 3 and 6 the rest we can take when we want.

My holidays run from 1st april to 31st march. i plan on going in maternity leave 23rd april 2012 and returning on 21st january 2013. this has been cleared by my boss. am i entitled to my holidays for the year? can anyone tell me how many days holidays i should have when i return to work. I have shown biss print outs etc and she says i get 0 holidays, is she right??

 

[My_First]

No, you still accrue holidays while you are on maternity leave.

 

[clairelou44]

I work in HR and am currently on Maternity Leave, you accrue holiday at the normal rate whilst you are on Maternity Leave, so if you do not take any annual leave between 1st April this year and 23rd April this year when you start your Maternity Leave you need to make sure you use it at the end of this year as you will not be able to carry it over to 2013 (you probably have a maximum you can carry over) I always suggest to ladies at my company that they use all of their holiday entitlement at the start of their Maternity Leave and then start the Maternity Leave as late as possible if that makes sense.

 

[xxembobxx]

As ClaireLou44 said most women take their holiday prior to starting maternity leave. You are legally entitled to all your usual holidays when on maternity leave but your employer does not have to let you carry them over to the following holiday year (although this doesn't apply to you as you are returning within the same holiday year).
I gave my boss a copy of a booklet from BERR which stated the employers responsibility. Perhaps you could go on their website to download it?
As you are planning on returning to work within the same holiday year you will still be entitled to all your 28 days holiday up to the end of March.
When you hand in your MAT B1 I would include a letter stating your maternity leave start date and end date and that you wish to use some or all of your holiday entitlement either at the start or end of your leave and that you expect this to be paid. If you ask them to reply in writing it makes it easier in case of problems later on

 

[weewdy]

Thanks. i handed in my matb1 form with a letter and thats where the arguments started. They are stating i am off work so not entitled to holidays when i return. Also because i have gave them my maternity leave date which is 23rd april i am not entitled to hols from 1st april. I now fear ill lose my job if i keep complaining

 

[MrsRH]

Thanks. i handed in my matb1 form with a letter and thats where the arguments started. They are stating i am off work so not entitled to holidays when i return. Also because i have gave them my maternity leave date which is 23rd april i am not entitled to hols from 1st april. I now fear ill lose my job if i keep complaining

they are clearly in the wrong and if you lose your job, you will most certainly win an employment tribunal and compensation for sexual discrimination

phone or google ACAS (independent free employment advice) for back up info

sorry you are getting grief
x

 

[sw121]

Show your employer the following webpage:

https://www.direct.gov.uk/en/Parent...amilies/Pregnancyandmaternityrights/DG_175088

Straight from the government's mouth - you are entitled to statutory holidays - which is 28 days. As others have said, use them all before you go on mat leave - you might need to start your maternity leave slightly later so that you can fit them all in!