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Holiday pay , especially if leaving

(6 Posts)
JDots Thu 07-Dec-17 22:13:23

Hi all, I've tried reading various advice websites but am still unclear as to my situation and entitlement so hoping someone with HR experience can help. I work for a very small organisation and I do not trust they know what they are doing so want to be fully aware of my rights.

Despite requesting that the first few weeks of my mat leave in the autumn be taken as holiday (therefore two weeks at full pay) they messed this up and I was put immediately on mat leave (I'm on just the statutory minimum deal). If I go back to work at all it will be in the summer which is after the annual holiday leave entitlement year ends in April. I don't want to loose my holiday pay from this year as I've hardly used any of my entitlement and I will not be able to carry it over. Can they pay it to me as a lump sum in April? I know they'll find any way of not paying me if they can.

Due to this being the latest in a litany of errors (most of which I think are illegal- but that's whole other post for another day) I'm considering not returning at all. How do I make sure I get all my holiday pay due to me for this financial year?

Many thanks!!

lovemylover Fri 08-Dec-17 10:32:24

Look at Legal Beagles website there are people on there who will give good advice,also Solicitors
My son is having similar issues,, some firms are very crafty and think people don't know any better
Good luck

moutonfou Fri 08-Dec-17 10:34:41

In my place it's normal that (regardless of leave years) staff on mat leave get all leave accrued during their mat leave.

Most use it just before coming back, especially if coming back part-time. So they can have the last few weeks of their mat leave at full pay and then start work again at whatever hours they are coming back on.

flowery Fri 08-Dec-17 12:24:10

If they haven't allowed you to take your holiday during the holiday year then yes they must allow you to carry it over.

They can't pay it to you in a lump sum unless it's on termination of employment - otherwise you have to actually take the holiday. But they will need to carry it over. You can ask to take it tacked on to the end of your maternity leave, which is most convenient for everyone usually, otherwise you'll need to have it added to next year's entitlement if you stay working there, or paid out on termination if you leave.

BexleyRae Fri 08-Dec-17 12:44:57

Actually my workplace paid me my unused holiday entitlement at the end of the year when I was on maternity leave.
But I was given the choice to take it before my maternity started or be paid it.

flowery Fri 08-Dec-17 13:23:58

"Actually my workplace paid me my unused holiday entitlement at the end of the year when I was on maternity leave"

Doesn't mean that was lawful just because that's what your employer did! If you went straight from paid maternity leave back into the workplace and had a lump of money instead of actually taking your annual leave, that's not lawful.

Most people use annual leave in a chunk at the beginning/end of maternity leave to give longer paid time off, ie instead of taking unpaid maternity leave

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