Back to back maternity not been paid holidays and been told to re apply for job interview next week!!!!

(45 Posts)
Unsurechicken Thu 28-Jan-16 00:08:08

Hello clever people!

I need some advice really. I have looked on acas and gov.com but it's not the same senario as mine.

Full time contract.
Started November 13
Went sick pregnancy related December 13
Mat leave started July 14
Second mat leave started early June 15
Attempting to go back to work march 16

The comp any haven't paid me maternity leave nor smp or government maternity pay when I was sick I got ESA and it continued until September 15 since then I worked pt for a different company.

I'm under the impression that my real job owe me the holiday pay from November 13 to current?

They have also rejected my request for flexible working or part time hours.
They have told me I can come back but I'm on probation for 16 weeks is that legal?!

The are saying its 21 days holiday which runs 1/1 -31/12 nothing about bank holidays but say there are 7 a year. I think I'm entitled to
1.5 days for 2013
28 days for 2014
28 days for 2015
3 days for 2016
So 60.5 days?

How would I word the letter and should I do it before I start again in March?

Please shout at me if I'm wrong because it's already causing friction that I want to go back to work clearly and I don't want to go all official letters when I'm wrong!!!

sootica Thu 28-Jan-16 00:13:54

Did your pre mat leave Contract with an end date?
Why haven't you asked for SMP before now?

fakenamefornow Thu 28-Jan-16 00:14:39

Please repost the dates you went off including when you went back to work each time. I think this is relevant as well. Also the dates you worked for the other second job.

You didn't get any maternity pay from your first job? What were you living on?

LittleBearPad Thu 28-Jan-16 00:20:47

When you went sick in December 2013 did you go back to work before going in mat leave in July 2014 or did the sickness run into the mat leave?

They don't have to approve q flexible working request by the way. So that seems irrelevant.

LittleBearPad Thu 28-Jan-16 00:22:43

Why did you work for another company from September rather than going back to your job?

PrimalLass Thu 28-Jan-16 00:25:02

Were you actually there for more than 1 month?

AgentProvocateur Thu 28-Jan-16 00:48:04

Although you accrue annual leave on mat leave, you can usually only carry if toward to. The next year. I can't see any employer giving you AL from 2013 or 2014.

Unsurechicken Thu 28-Jan-16 00:54:55

Sootica: no end date on my contract and I didn't request it because I didn't know about it it's only when I've been googling about retuning to work after mat leave its come up.

Fake: started nov 13 went off sick December 13 mat leave 1 July 14 mat leave 2 June 15.
I just pick up a small as and when job doing bar work I've earnt maybe £500 from it and it's adhoc 0 hours thing. No mat pay at all I got esa as it was pregnancy related illness. Nightmare £72 a week that's all it was.

Little bear: sickness ran into mat leave but they wouldn't start it until baby was born. Thank you re clarification flexible working. And the other job was only 0 hours bar work just to get by no contract just as and when mainly in run up to Xmas for events.

Primal: yes that's all I was there for and then I got pregnant again at least now I'm not having anymore babies so no more mat leave! It was just unfortunate I got sick. Not just a little as in sickness injections every few days drips regularly bed rest hospital admissions severe hyper emmis is it called some days I couldn't even put my own pjs on! I wasn't diddling them and they didn't pay mat leave they didn't even return my matb1 second time.

Thank you all for your replies

Unsurechicken Thu 28-Jan-16 00:56:26

Sorry x post agent. Even if they didn't pay it? I'm happy to drop 13 but I'd like 14 as its a whole months pay and I've got lots of debts due to having £72 a week for all that time!

coffeeisnectar Thu 28-Jan-16 00:57:08

Did you only work for a month and been off since?

Unsurechicken Thu 28-Jan-16 00:58:41

X post coffee yes. Firstly on sick them 2 mat leaves I've requested to come back before this mat leave ends.

coffeeisnectar Thu 28-Jan-16 01:02:08

Is your partner working? Can you not claim tax credits now?

You should have been able to claim smp through the dwp. I'm not sure but I think you have to be employed at 28 weeks to get it through work. I may be wrong.

I don't think you can claim esa if you are still legally employed either, shouldn't it be ssp?

I may be wrong on all these points, I'm trying to think back to when I had my dc.

Sunbeam1112 Thu 28-Jan-16 01:13:15

Sounds like you didn't work there long enough to be entitled for mat pay. I think its something like 15weeks prior to baby being born are you entitled to mat pay. As for holidays they are worked out on the amount of hours you are contracted to work. 28 days would be someone working full time. I'm not sure how that works on 0 percent contract hours. Acas are really good ring them up and they will best advise you on your individual circumstances.

Unsurechicken Thu 28-Jan-16 01:46:49

Hi coffe mixed wires I think I, getting sorted now I'm going back to this job full time. Thank you for your advice.

Sunbeam slight confusion I am on a full time contract the 0 hours is a little job for now. Your right I wasn't working for enough time to be getting mat leave by the company and as I was on esae they kept paying it after assessments ect so I took it!! Thanks

Choughed Thu 28-Jan-16 23:02:40

The thing is you can't be paid for holiday because you didn't take it. You were on mat leave. You've now accrued that time and depending on their rules you should be able to take it.

They can set their own probation period. You only did one month's actual work, of course you should still be on probation.

Most companies don't allow you to work somewhere else while you are on mat leave. Have you checked your company policy on this?

Solasum Thu 28-Jan-16 23:09:26

As I understand, a company is only obliged to consider a flexible working request, not to make it happen.

When you started, how long was the probationary period supposed to be? If you only did one month of work, and probation was supposed to be e.g. 6 months, it seems to me that they would be completely able to insist on your completing this on your return.

AnotherEmma Thu 28-Jan-16 23:12:30

Go to CAB, they can advise you on your employment situation, benefits and debts. Take copies of your employment contract(s) with you.

Artandco Thu 28-Jan-16 23:21:02

Surely you won't have been in job long enough to get any Maternity leave or holiday? If you don't qualify for maternity leave that means no holiday pay due leave either

Why didn't you go back sooner?
July baby, and started next maternity the next June? If you knew next baby arriving soon wouldn't you have taken a shorter maternity of 3-4 months so you could work and get money in between?

How can you afford 3 years of £72 a week?

GingerCuddleMonsterThe2nd Thu 28-Jan-16 23:30:22

None of this makes sense...

If you were employed you should have been getting SSP not ESA!

You should have appplied for maternity allowence for both pregnancies not ESA!!

GingerCuddleMonsterThe2nd Thu 28-Jan-16 23:31:51

I fearythe government may ask for all that ESA back. Did you declare your bar job aand you permenant employment?

Thunderbumsmum Thu 28-Jan-16 23:33:25

You do qualify for holiday pay, this accrues through mat leave and through time off for sickness. I think it is 28 days per year unless you are contractually entitled to more, in which case the larger amount will apply for the period of time off sick and the first 6 months of mat leave, after which it is back to the 28 days, pro rated. It is held over until you return from mat leave or I think you can have the money instead for the years you did not take the paid holiday.

I expect your employer will be very keen to get rid of you after you have inconvenienced them so much, are you sure you want to go in all heavy?

Floggingmolly Thu 28-Jan-16 23:39:36

You worked for the company for a single month between two lots of maternity leave / illness? That can't possibly be right, can it?
And you think you have accrued two years work of holiday entitlement in the back of this, despite the fact that during your illness you actually worked elsewhere confused confused confused

Floggingmolly Thu 28-Jan-16 23:42:44

How, Thunder? Don't you have to have been employed for at least 13 weeks to qualify?

Artandco Fri 29-Jan-16 07:21:00

Most jobs have a 3 month break clause at the beginning where all entitlement is invalid or no maternity/ sick pay/ holiday pay in the first 12 weeks.

I can't see how any company would have this as a policy where someone can work 4 weeks, then be paid 2 years Maternity and 60+ days holiday pay!
Most won't have maternity straight after another for starters, you have to go back in between. So if second baby due exactly 9 months after first you need to take just 6 months max off. Most only pay x amount of weeks then 9 months is the max on government maternity so with July finish you would have been back latest in April.

Thunderbumsmum Fri 29-Jan-16 07:40:30

She was still employed during the period she was off sick, molly

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