I'm hoping to have a meeting with my employer soon to discuss the details of my ML, so want to be prepared as I have to raise a couple of issues with him.
1. I've know for a while that the minimum paid holiday entitlement for any worker is 5.6 weeks. My employer however does only give 4 weeks. I'm not sure if he is unaware that the law has changed or if he is just being greedy. Can he legally do this?
2. I was planning to start my maternity leave next year 4 weeks before the EDD (EDD=11.Feb) and be off for the full year. I also know that while I'm on ML I'm still aggruing (? sorry, not a native speaker) my normal holiday entitlement. Since I won't be back at work until the January in the following year, does that mean I'm losing those holidays or can I insist on taking them before I start ML?
If it's possible to take all my holidays before ML, I'd really like to do that but it also means, I will bring the whole 5.6 weeks entitlement up. How will I go about this in the right way?
What can a worker do if holiday entitlement is denied? Workers denied statutory entitlements to paid annual leave should seek to settle disputes with their employer by talking through the problem. If the problem cannot be resolved informally, the worker should follow the organisations grievance procedure. If it is not possible to reach an agreement in this way, workers may submit a complaint to an employment tribunal within three months of the refusal. If the complaint is upheld, the tribunal may award compensation to be paid to the worker by the employer.
There is a new European ruling on this, that has determined that annual leave cannot be availed of during sickness absence or maternity leave. You are therefore entitled to the whole period of leave for period off sick or on maternity leave. The ruling also stated it is unlawful to restrict carry over in these circumstances.