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Chat with other users about all things related to working life on our Work forum.

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Work

Maternity leave and holiday entitlement - don't I get it?

19 replies

ChukkyPig · 01/07/2008 08:58

I went on mat leave june 07 and used up all my holiday for the jan 07-dec 07 year at the beginning of my mat leave. So more or less the OML part.

I am not going back and was told at my exit interview that I won't be paid for any holiday I accrued in 2008 (while I was on AML and the unpaid 3 months) as I'm not going back to work.

Is this right? My research on the internet is inconclusive...

Thanks in advance for any help!

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shelleylou · 01/07/2008 09:01

i had AML and left my employer part way through. I did recieve a payment from them,i cant remember how much holiday i had acrued though. HTH

prettybird · 01/07/2008 09:07

I was sure you did continue to accrue holidays - but wouldn't be able to tell you the legislation. I'm sure someone else will come along to help you.

EffiePerine · 01/07/2008 09:14

You will accrue holiday, but at the statutory rate not your contract rate IYSWIM (here it's 20 days pro rata for AML, whereas I get 25 days during my OML)

Kelix · 01/07/2008 09:16

Will be interesting if anyone does know the answer to this as I will be in this situation in a few weeks time!

I know my company said I still accrued holidays whist on Mat leave but weather they have to pay you or not if you do not return I'm not sure? Hopefully they do

ChukkyPig · 01/07/2008 09:45

That's exactly what mine said Kelix, that I would accrue holiday while off. Then when I went in they said "obviously" I wouldn't be paid for it as I wasn't returning to work.

Anyone? I might look for a helpline or something in the meantime...

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yorkshirepudding · 01/07/2008 09:47

Message withdrawn

ChukkyPig · 01/07/2008 09:55

Am ringing ACAS as it seems it's not just me who has this question...

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ChukkyPig · 01/07/2008 10:01

Damn damn damn.

Apparently if you are not going back, you do accrue holiday for the first 26 weeks (OML) but not for the AML or the last 3 unpaid months.

Oh well was worth a try!!!

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flowerybeanbag · 01/07/2008 10:11

I am a bit concerned ACAS told you that ChukkyPig, that's not correct.

You accrue holiday throughout your maternity leave, only statutory for the AML as EffiePerine says, but you do continue to accrue them. If you make a personal decision not to return after your maternity leave it makes no difference to your entitlements during maternity leave!

If there is any holiday entitlement accrued that you didn't manage to take before your maternity leave, if you then decide to end your employment, your employer must pay it to you.

See directgov here there is a paragraph about holiday entitlement.

If you decide not to go back you can't be penalised for that. The only exception would be if you resigned mid-way through your maternity leave and ended your employment before your year leave was up, but as long as your employment ends at the end of your maternity leave you get holiday for the whole thing.

This isn't the first time I've heard of Acas giving people incorrect advixe. I think if you have a dispute with your employer, they have good advice but when it comes to things like entitlements during maternity leave and other day to day stuff, you're better looking at directgov or something.

ChukkyPig · 01/07/2008 10:27

Hi flowery, thanks for that. I read it on directgov that you did accrtue it, but as it didn't say anything specifically about not going back to work I wasn't sure.

If ACAS are wrong how can I prove it to my employer that I am entitled to pay for holiday accrued during AML? As the directgov site doesn't specifically mention what happens if you don't go back I'm not sure they'll go along with it.

Arrrgh! My employer has a great big HR dept but they are very sexist and don't seem to keep up with things properly. I will have to prove that that is their legal obligation otherwise they will tell me to bog off!

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ChukkyPig · 01/07/2008 10:29

I have just checked the contacts on directgov and the contact is listed as ACAS. I really need something in writing from someone official to say that is my entitlement.

What to do?!

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flowerybeanbag · 01/07/2008 10:30

Chukkypig the reason is doesn't specifically mention about people who don't go back to work is because it makes no difference. If it did make a difference it would spell that out.

Let me find you something more official-looking to give your employer, hang on

Here you go BERR, there's a paragraph about annual leave and maternity leave.

ChukkyPig · 01/07/2008 10:39

Flowery you are a star. I suppose my best bet in the first instance is to give them a ring and see what they say. Then send them your link if they disagree.

If they still won't have it after that I am a bit stuck but I'll cross that bridge when I come to it.

Thanks again everyone. I'll let you know how I get on. And good luck to those with the same problem!

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ChukkyPig · 01/07/2008 10:49

Flowery, on closer reading of the paragraph I have noticed this:

Employers and employees will often find it useful, once the woman has given notice that she is pregnant, to incorporate annual leave arrangements into their planning. This is particularly important if the employee plans to take a whole year?s maternity leave, as it is not possible to carry over statutory annual leave from one leave year to the next, or to pay the employee in lieu of any untaken statutory annual leave unless the contract is terminated. It is, of course, up to the employer and the employee to agree between them whether to carry over or provide pay in lieu of any untaken contractual annual leave above the statutory minimum.

What does that mean? I understand that if the contract is terminated while you are on maternity leave you lose the right to your benefits.

I just don't want to ring them up and get talked round!

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flowerybeanbag · 01/07/2008 10:51

What it means is the only instance in which it is acceptable to pay an employee holiday entitlement rather than making them take it is if employment ends, as it is with you. This is because of the Working Time Directive. But paying it for someone who leaves employment is fine.

ChukkyPig · 01/07/2008 11:37

Right am going to ring them will update in a bit!

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ChukkyPig · 01/07/2008 12:29

OK so I rang work and told them and they said they were sure they were right but would look into it and get back to me.

I rang ACAS again to double check what they said and the bloke I got was much better than the first one.

He told me that I was entitled to payment for holiday accrued during AML.

He also said that the way they handled my flexible working request was questionable, basically saying I had to resign, and a couple of other bits about me earning less than the men (although I have no proof) and some other stuff was very dubious. He thought I should get legal advice from cab.

However that sounds a bit big and scary.

I will wait and see what they say about the AML pay. If they say no and I decide to raise a grievance about it I think I will go to CAB at that stage and see if I should include the other stuff.

Crikey.

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flowerybeanbag · 01/07/2008 14:16

Sounds good, see how you get on. I hope you mentioned to the second bloke that you were given incorrect advice by his colleague.

It does worry me. That's the 3rd or 4th time I've corrected things people have been told by Acas on here, which is very worrying, considering how many thousands of people ring them and don't post on here. It's bad enough when an HR department doesn't know, or doesn't update their policies, but people who ring Acas are usually in a vulnerable position of some sort and getting correct legal advice is absolutely vital.

Rant over, sorry, just makes me - if you hadn't come on here you would have lost out, so lots of other people possibly are as well.

ChukkyPig · 01/07/2008 18:45

I did tell him that someone had told me differently earlier. It is pretty bad that they would give different advice like that.

Thanks again for all your help flowery

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