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Work

Boss wants to just pay me in lieu of annual leave while on ML. I want the extra time off.

80 replies

MrsHuxtable · 14/09/2011 15:50

Ahhhh,
my boss is being complicated again. I spoke to him earlier on the phone about how he wanted to handle my annual leave next year when I'm on ML. I asked him whether he wanted to add it at the start or end of my ML and he said that he wasn't going to do that but instead pay me 1 weeks worth of holiday pay every three months that I'm off.
Now I don't want that and have in the meanwhile found information that suggests he can't do that.

How did everyone else's employers handle annual leave and ML?
We have no written maternity policy handbook or HR department.

OP posts:

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RickGhastley · 14/09/2011 15:59

He cannot treat you differently because you are on MAT leave - as i'm sure you have discovered in the information you have found.

All employees are entitled to a minimum amount of annual leave and this is no different whether you are at work or on MAT leave.

Suggest you show him the info you have to say that what he is suggesting is unlawful. If he persists raise a grievance (the directgov website gives good advice on this).

MrsHuxtable · 14/09/2011 16:02

I'm just wondering how to handle it as he is always backing me into a corner (not literally). Should I start to just communicate about this with him in writing?

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RickGhastley · 14/09/2011 16:07

Would suggest you put it in writing as he has already told you that he WILL pay you for the holiday.

hairylights · 14/09/2011 18:45

He can do it but only if you are on maternity for the full duration if your annual leave year and they don't allow carry-over.

Otherwise he can't reasonably prevent you from taking your annual leave, unless the business can't accommodate it in which case he has to pay you.

MrsHuxtable · 14/09/2011 19:12

Well, my ML would run from January til January but only if he doesn't let me take my holidays up front, in which case I'd like to be on annual leave during January and only start ML in February.

www.nelsonsonline.co.uk/nelsons/index.cfm?event=base:article&node=A76018BD32683

This site as well as others clearly states that he can only give me a payment in lieu of leave if my employment is terminated.

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MrsHuxtable · 14/09/2011 19:14

Why should it be to my disadvantage that my ML coincides with our annual leave year?
I guess I have to go back to the CAB again...

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LittleWhiteWolf · 14/09/2011 19:18

When I went on Mat Leave I took my full 4 weeks leave as my first month, before my Mat Leave actually started. Generally speaking most employers (certainly where I work) ask if you want to tack it on the beginning or end of your Mat Leave. You are within your rights to insist on this.

MrsHuxtable · 14/09/2011 19:22

LittleWhiteWolf, that's what all the legal guidelines say and how I had planned to do it.
So when I asked him today if he would prefer to stick my leave at the front or back, because I'd prefer the front, h just said, he won't do that but just give me the money.
How would you handle the situation from here on?

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GloriaVanderbilt · 14/09/2011 19:24

Good luck with this, not sure if I was the only one who read your title as 'while on MN'

MrsHuxtable · 14/09/2011 19:29

Haha, yeah. There is no internet at my work unfortunately.
Do you think I'll need luck with this? genuine question

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hairylights · 14/09/2011 19:38

He'd need a very good reason to stop you taking it before maternity leave, I think. And one not related to the fact that you're going on maternity leave.

But the latest maternity leave can start is at the time of the birth so if you are on annual leave and give birth it will from that day be maternity leave. I guess you'd then have to have the argument about carrying over what you couldn't take.

hairylights · 14/09/2011 19:40

I'd write him a letter stating very clearly that following advice on maternity legislation, you are entitled to take your annual leave prior to starting maternity leave and you therefore wish to book annual leave from x to y date. See what happens. If he is still being a dick, is there a board of directors you can go to? Or maybe take legal advice?

LittleWhiteWolf · 14/09/2011 19:42

What hairylights said.

MrsHuxtable · 14/09/2011 19:43

I'm due on Feb 11th and would like to take 4 weeks annual leave in January so ML would start 2 weeks before my EDD. I'm aware that if I have the baby early, my plan won't work.

He didn't give a reason. Just said:"I won't do that. You'll get 1 week holiday pay every 3 months".
It's like he want's me to accrue and then pay for the holidays while I'm on ML which doesn't make sense as I will be off the whole year anyway iyswim.

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MrsHuxtable · 14/09/2011 19:45

There is no board of directors. He owns the business. Noone I can complain too. I'd take legal advice but quite frankly can't afford it.

If I write that letter, will I mention today's conversation?

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MHQuestion · 14/09/2011 19:50

watching this with interest as i had a similar experience.

dd born early jan so mat leave covered a year which is the same as our annual leave period (jan - dec). i wanted to add annual leave at end of mat leave but they wouldnt let me as they dont allow carry over.

so i had to finish mat leave at about 10 months then have holiday. it meant i got paid for the hol period but i wanted the time rather than the money, seemed unfair that if dd had been born in say march, i could have done it.

Honeydragon · 14/09/2011 19:57

You are accruing leave whilst on ml hence his pay offer, you would need to take 6 month worth now and 6 month at the end. He has no choice in this whatso ever, if you take 12 month ml and he won't carry the remaining 6 month worth of leave over that he has to give you it upfront or pay it as a lump sum before the year end.

I think this is correct. What he cannot do is withold your right to the leave.

hairylights · 14/09/2011 19:58

I wouldn't mention today's conversation but I'd pointedly use the words "maternity legislation" and "having taken advice". He should then have the sense to look it up and realise he's wrong.

I used those words trying to fend off someone trying to rush me organising maternity cover at 12 weeks when I wasn't ready, and they backed off straight away.

Maybe ring acas ?

hairylights · 14/09/2011 20:00

mhquestion although it's a pain, your employer did act fairly as they have a clearly stated no carry over policy.

MrsHuxtable · 14/09/2011 20:05

I think ringing acas will be better than going to the CAB as they are very hit and miss. I do appreciate that they are only volunteers but I feel like I need more help.

He talked to me like there was no option at all to get the time off, just the money. Every week he comes up with something else to make things more difficult for me.

MHQestion, I totally agree about how unfair this is towards babies born in that specific month. I want the extra month off, not the money. I'd even take the holiday unpaid as it's not about the money but the extra time with my baby.

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MrsHuxtable · 14/09/2011 20:11

Honeydragon,
so can I insist on taking 4 weeks up front in January? Or can I only ask for 2 weeks? It would make no difference to his business as I would be off anyway..

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acatcalledfelix · 14/09/2011 20:14

I work for the NHS so pretty upfront and honest empmployer. I am allowed to take the leave that I've accrued up to the point of starting mat leave before So, that worked out at half a years leave = 3 weeks (had already taken some, so left two weeks before I officially started mat leave). Then, once mat leave starts, you begin accruing leave. I'm taking the whole year, so at the end of that, I'll have 6 weeks - a full years allowance- of leave owing to me, which I will take before I return to work.
I was told, and it makes sense, that I can't take leave that I haven't accrued yet. So I can't take a whole years worth before mat leave starts. But, the only difference it should make is that I get paid for some of the leave at the end of my time off, not all at the begining.

Basically, you are legally entitlled to all your benefits when you are on leave, which includes your holidays. But you can't get it until you've worked the time to have earnt it.

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MrsHuxtable · 14/09/2011 20:16

acatcalled, that makes sense but doesn't work for people with babies born at the start of the year because there will neither be time to accrue holidays nor to take it at the end....

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acatcalledfelix · 14/09/2011 20:17

It also shouldn't make any diffence what month your baby is born, it just might make how much you are entitled a bit more difficult to work out. The clock resets once you go on mat leave

MrsHuxtable · 14/09/2011 20:17

btw, do you have a cat called Felix?

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