Talk

Advanced search

Anyone successfully argued to carry over leave on maternity

(7 Posts)
Issy42 Mon 20-Dec-10 10:08:47

Just wondering if anyone has taken a case against an employer for refusal to carry over leave.

My organisation's policy is that only 5 days can be carried over and they don't make any exceptions for maternity leave.

My dd was due in mid January and I had planned to start maternity leave on the first day back after Christmas break, but she arrived at 32 weeks unexpectedly so mat leave kicked in straight away saving my employer over a month's pay in lost annual leave and bank hols which fell in my mat pay instead of before. My annual leave would have been used up well before 37 weeks as we get 4 extra bank hols at Christmas here.

I e-mailed my boss before my return asking if they would allow me to have 7 of the lost 12 days back due to the exceptional circumstances to allow me to return after the Christmas break instead of before and was given an immediate no. I mentioned that I've met a few people who work for my employer whilst on mat leave and some of them were allowed to carry their leave over without any special circumstances - I don't want to name them as it might affect things for them.

I returned to work last week and just found out another person in my team who was on mat leave until March has carried over 6 days, which pro-rata would be 7.5 as she is part-time. I'm furious. I know this is uncertain legal ground, but am considering taking action.

Oh and I work in HR so can't do the talk to HR and see if they can persuade your boss thing.

Sorry for the long post.

PrincessScrumpy Mon 20-Dec-10 19:39:05

Legally they don't have to let you carry over anything. Due to the dates I was able to use my full 4.5 weeks and was able to tag it on the end of mat leave as it fell in the holiday period. My friend (and colleague) had a baby 2 months later and lost all her holiday as we crossed into a new holiday period.

Sounds like it depends who you are in your office - talk to you boss and put your case across but it's always difficult to use other people in the office as an example as that person will no longer be trusted by the employer.

Sorry it's not what you want to hear. Can you go back early and take a couple of weeks holiday immediately so you get paid? Might be a bit late now.

Issy42 Tue 21-Dec-10 08:54:37

Thanks PrincessScrumpy. I'm fairly sure at my previous employer we changed our rules to allow carry over about 7 years ago because we lost a case but must have been settled or ET not EAT as not reported anywhere. XpertHR says uncertain legal ground but good practice is to allow carry over.

My boss will have allowed the other person to carry over 6 days, so not an issue of her no longer being trusted.

Boss is now on leave until well after Christmas so I might plead my case to her boss in meantime, won't go down well but rumour is she's leaving at Easter anyway.

Issy42 Tue 21-Dec-10 10:50:26

Just realised what you meant about not being trusted, the information about carry over is written on our team annual leave spreadsheet so not a question of her talking out of turn.

LunaticFringe Tue 21-Dec-10 20:44:01

Message withdrawn at poster's request.

jaabaar Wed 22-Dec-10 17:29:22

I had my baby as well end Jan. I took maternity leave from Jan to Dec. My employer said I cannot take over the holiday acured during maternity leave and wished me better "luck" with dates for next baby.....

After speaking to ACAS I decided to cut back my maternity leave to 10.5 months and then take paid holidays within the year.

At least I got paid the holidays instead of haivng no pay the last month of my matenrity leave....

Issy42 Thu 23-Dec-10 14:52:05

jaabaar - replied on the other thread.

Lunatic - the law is uncertain of whether employers should or should not carry over the leave. Hopefully someone will test the waters soon.

I wrote to my boss's boss but she came back to me with the 'HR have to set the example to the rest of the organisation' line. Am debating whether to take a case on this and also pension - I will have the period of my unpaid leave deducted from my length of pensionable service and I believe that changes to the law in 2008 make this sex discrimination now. I challenged it before I went on leave but to no avail. May check out my house contents insurance docs later as I think I have legal protection on it. I have a different ethnicity to the person who was allowed to carry over so potential for race discrimination claim there too. Have the Christmas break to think about it.

Join the discussion

Join the discussion

Registering is free, easy, and means you can join in the discussion, get discounts, win prizes and lots more.

Register now