Maternity & sick leave & holidays

[poorbuthappy]

Some advise for a friend of a friend please all...

She went back after maternity leave in Sept for 4 weeks and has now been signed off with PND,and will not be back in work until New year. She has accurred a full years holiday entitlement, which she doubts she would have been able to take even if she had been in work due to other staffing problems.

Work are telling her that she is going to lost all the holiday. Is this right?

[74slackbladder]

Doesnt sound fair but not sure what her rights are. I would imagine that as she has gone back to work in good faith and then been signed off that she should still be entitled to the holiday. If though it wouldnt have been practial to take the leave even if she had been at work, can they not come to an agreement where they pay her out for the holiday that is owed to her instead. as carrying a fully year's leave entitlement over to the following year would prob not be practical either
On these kind of issues, I have phoned ACAS before and they are really helpful. Try them. Presume she has talked to her HR rep?

[Kathyjelly]

Normally it depends on what her contract says. At the point she went back after ML, she'd accrued a year's holiday but if her company rules say she has to use it by the end of the calender year or lose it, then if she stays off sick, she loses it.

If her contract says "financial year" then she needs to check what her company's financial year is. It could end in December or next April. It's worth checking.