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Holiday Entitlement in general but also in relation to Maternity Leave

(8 Posts)
MrsHuxtable Tue 30-Aug-11 18:13:13

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?

An0therName Tue 30-Aug-11 20:43:53

do you get bank holidays - which is 8 on top of the 4 weeks if you do then your employer is fine -just looked up the link -if not you have a problem
www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_10029788

- there have been a few threads about ML and holidays have look at them

MrsHuxtable Tue 30-Aug-11 20:49:14

no, we don't get bank holidays..

An0therName Tue 30-Aug-11 20:54:52

oh in that case he hasn't caught up with the law change - it was a while ago - do you think you could raise the holiday number with him with other collegues first -

MJHASLEFTTHEBUILDING Tue 30-Aug-11 21:04:20

Message withdrawn

An0therName Tue 30-Aug-11 21:08:31

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
organisation’s 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.

www.acas.org.uk/CHttpHandler.ashx?id=955&p=0

Grevling Tue 30-Aug-11 23:51:27

Assuming you do 5 days a week its 5.6 weeks. If you do something different like 4 on 4 off there are different entitlements.

Assume you are working a normal week?

BerylStreep Mon 05-Sep-11 22:02:37

read this

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.

HTH

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