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Maternity leave, accrued holiday and returning part time

(8 Posts)
cantmakecarrotcake Wed 21-Sep-11 16:33:57

I'm due back from maternity leave on 28th Nov and have accrued 28 days holiday in that time (based on my previous full-time hours). I've also just put a request in for part time (3 days a week) which I've asked to start on 10th Jan (so I can take my 28 days holiday on a full-time basis)

Speaking with HR they seemed to think my PT would officially start from 28th Nov.

1) Can they make me start PT from 28th Nov rather than my requested 10th Jan?

2) Would I then be paid PT or FT rates for my holiday?

3) If paid at PT rates should I be able to take my 28 days over 3 days a week (thus getting more time off?)

I'm concerned I'm about to be diddled either out of money or time off. Any advice on my legal position much appreciated.

hairylights Wed 21-Sep-11 20:56:12

1. It is up to them whether to grant your flexible working request - and they need a good business reason to reject it.

2. It depends on whether at the point you are on leave you are employed part or full time.

3. If you are still full time on your return then you'll be off for 28 days (paid full time). If you're part time on your return you'll only need to take 3 days annual leave a week thus being able to spread the holidays over a greater length of time.

HTH

Grevling Wed 21-Sep-11 21:03:04

Bear in mind they don't have to agree to let you take your holidays "en-bloc" like this so could ask you to take them in several chunks as long as you get the min number of days per year.

flowery Wed 21-Sep-11 21:34:34

1. Yes, they could say we refuse your request to change in January but accept your request if you start in November. Can't see much of an advantage for them in doing that though.

2. Are you not paid the same rate of pay? Is it a different job? You will be paid the rate you are earning at the time you take the holiday

3. If you take holiday after you've changed to part time you will only need to use up 3 days to take a week off, so you'll be off for ages (see my answer (1) above - can't see much of a benefit for them).

And yes just because you want to take all your holiday in a block at the end of your mat leave doesn't mean your employer necessarily has to agree to that request.

KittyBump Wed 21-Sep-11 21:44:43

I agree with flowery you shouldn't lose out as you'll either get 28 days leave at full pay and return to work pt in jan or you'll return to work in November and have 28 days holiday to use. If you point out to your employer that this is more than 9 weeks leave and that you will be accruing more all the time they may see this isn't such a good idea!

I'm in a similar position, i'm returning to work in November, I have 30 days holiday to take. I'm going from full time to 3 days a week too. My boss wants me back in November so I'm going to work 3 days a week and take 2 days annual leave each week. This arrangement will last until the beginning of march at which point I will become part time. This is a good solution as my boss gets me back at work and I get ft pay for over 3 months smile maybe your boss will consider this?

cantmakecarrotcake Thu 22-Sep-11 07:30:16

Thanks folks. That's what I thought but was doubting myself after what HR had said.

I think they want me to take the holiday all in one chunk at the end of the year as our leave year ends at the end of December and we can only carry 5 days over into the following year (which incidentally I don't think they can enforce when returning from mat leave, but that's another issue...)

I'd be very happy if my PT started at the end of Nov, I could take nearly all of January off too, but I doubt they'd agree to that once I'd pointed it out to them! It's worth a try though smile

MrsHuxtable Thu 22-Sep-11 10:45:41

When did you start your Mat Leave?

cantmakecarrotcake Thu 22-Sep-11 16:06:49

Nov 29th 2010. So I'll have taken the full year.

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