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Please help! Employer says I'm not owed leave

2 replies

JessicaRabbit1980 · 23/06/2016 12:23

I've resigned from a job at the end of my maternity leave. Prior to going on leave I had 11 days annual leave owed which I agreed to take at the end of my maternity leave. I then extended my maternity leave without having changing this leave and then resigned. When the leave was entered on the spreadsheet by admin she put 2015 as the year in error so it looks as though it was taken, although this does not fall in order with the other periods of leave and also I was in work on the dates in 2015 and the work record system could prove this although I no longer have access. My boss is refusing to believe me and is refusing to pay me this leave owed. Since I'm not working I really need this money, plus it's mine! I didn't take the leave! Is there anything I can do? The leave chart does say 2015 not 2016 but it's not correct. Please help!
It may be worthy of note that the same manager has been as difficult as she could be during my maternity leave and this is why I've resigned. Please help!

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RatherBeIndoors · 23/06/2016 12:32

When you extended your maternity leave, could they have thought you were taking the 11 days' annual leave as part of it, and so paid you for it then? If not, then I think the only avenue is to ask for a copy of those work records showing you were in work on the days you're alleged to have taken leave.

In case it helps, I believe that you should also be considered as accruing annual leave during your maternity leave, so if your annual leave follows a calendar year, you would have accrued annual leave from Jan 2016-June 2016 too, to the date of ending your contract. www.gov.uk/holiday-entitlement-rights/calculate-leave-entitlement

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flowery · 23/06/2016 15:50

If they think you took it on the original dates at the end of your maternity leave then presumably they paid you full pay rather than maternity pay/no pay on those dates? It should be relatively easy to prove either way.

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