Maternity leave v annual leave

(19 Posts)
Lilflower Tue 27-Feb-18 21:22:43

I have requested I wanted 52 weeks maternity leave then to be able to take my 6 weeks annual leave after this. I am. Is six months into my maternity and have been told I have to return a year after my baby was born so this will mean shorting my maternity and having my annual leave instead. Someone who works in the same office returned from maternity in Oct 17 had done what I asked for, why can’t I? Please help!!,

OP’s posts: |
allaboutme55 Tue 27-Feb-18 21:31:22

When did your mat leave start in relation to baby being born?

allaboutme55 Tue 27-Feb-18 21:32:44

Sorry posted too soon and think I missed your point

You will be able to take your full 52 weeks of mar leave then it would be up to your employer about your leave. They couldn't ask you to take leave instead of 6 weeks mat

leghairdontcare Tue 27-Feb-18 21:36:05

Does the timing take you over the annual leave period? Best practice is that the leave is carried over but not all companies do this. I think maybe they should pay you for it if they won't let you take it though.

HumpHumpWhale Tue 27-Feb-18 21:39:34

They can't do that. Cut your maternity leave, I mean. They can ask you to return after the maternity leave and then take the annual leave at a later date, though.

pastabest Tue 27-Feb-18 21:39:40

yeah someone has got the wrong end of the stick

you can take 52 weeks maternity leave

what your company's policy is when you return about what they will do about annual leave and bank holidays owed to you is up to them but they can't make you take them instead of the last 6 weeks of maternity leave.

I presume they can say no to you taking annual leave immediately after maternity leave though if it doesn't meet the needs of the business.

However, you are officially returning from maternity leave after the 52 weeks even if you aren't actually there because you are on annual leave. Perhaps that is what is being meant when they say you have to return after a year.

elmo1980 Tue 27-Feb-18 21:41:16

I was given the option of tagging my annual leave just before my maternity leave came to an end or taking full maternity leave then getting paid for my annual leave in a lump sum. I'm not sure how common that is but I'm not sure they have to roll it over to the next year if you dont take it.

I went for ending maternity leave early in the end as I needed to get paid sooner!

Lilflower Tue 27-Feb-18 21:50:12

31/8/17 and baby was born 5/9/18

OP’s posts: |
Lilflower Tue 27-Feb-18 21:50:30

I mean 5/9/17

OP’s posts: |
nerdsville Tue 27-Feb-18 22:05:09

Have they given a reason why? Maybe the person who did it in October made them realise it doesn't work for the business for some reason, so they've decided not to let anyone else do it?

How much holiday will you have in total if you go back on Sept 1st, and when does your holiday year end?

timeisnotaline Tue 27-Feb-18 22:08:06

They can’t refuse to let you take 52 weeks maternity leave. I’m not sure they have to let you then take annual leave though. But they have to let you carry your annual leave over - the reason you couldn’t take it during the year is because you were on maternity leave so they can’t cancel it or decide to pay it out as that’s discrimination. (Have a current question with my work about this!)

yummumto3girls Tue 27-Feb-18 22:42:53

Take the maternity leave, you will return at the end of it i.e maternity leave ends but then you will be on annual leave - two different things. Obviously depends on your company’s leave policy and carry forward.

flowery Wed 28-Feb-18 06:41:54

They can’t tell you to take less than 52 weeks holiday so does that mean they are refusing your holiday request?

Starface Wed 28-Feb-18 06:57:41

I think (no employment lawyer though) they have to do something about the accrued AL. That might be to pay it or let you take it. But just to lose it without any recompense strikes me as discriminatory, and in an indirect sex discrimination way, because this issue is likely to mainly affect women. So therefore against the Equalities Act.

You need to get hold of the AL policy and the mat leave policy. There might be something in there, e.g. to take all your AL for that leave year before mat leave, any carry over subject to prior agreement (my organisation says this). So I need to take for one leave year before the 52 weeks and can take from the other after the 52 weeks.

Are you unionised? I would get hold of the policies and speak to your rep.

Starface Wed 28-Feb-18 07:00:55

Sorry just to add, but the AL cannot simply vanish without explanation, and they cannot just shorten your mat leave as this is enshrined in law as I understand it. Like I said, I'm no lawyer though.

timeisnotaline Wed 28-Feb-18 07:17:51

Paying out the core annual leave is also not allowed , as being able to take annual leave is a basic employment right. (Paying additionally allowance out is fine I think). So telling you you
Have to get it all paid out instead is discriminating because you are on mat leave. But I assume they are completely legal in saying you can’t take it all as soon as you get back at 52 weeks.

flowery Wed 28-Feb-18 08:40:08

Ask them to clarify are they withdrawing permission for you to take your accrued annual leave on the dates requested and if so, could they please notify you when they propose you should take it instead.

Bear2014 Wed 28-Feb-18 08:48:05

I'm taking 52 weeks Maternity leave, with a lump sum in my first paycheque for my holiday. You're officially back at work after mat leave and any holiday requests are then at the manager's discretion. At my company you can only usually take 2 weeks at a time holiday.

cazinge Wed 28-Feb-18 20:34:37

My situation is the same as Starfish, my work AL policy states you must take all of the current years AL (minus 5 days carryover allowed for all staff) before you start mat leave then you will return with AL for the next year which can be tagged on to the end of mat leave (subject to business needs) or taken at another time. Not sure how this would work if you only took a short mat leave e.g. 2 Weeks minimum.

I'm having 9 months which start part way through an annual leave year so I've had to take a full years leave (minus the 5 days as above) in 4 months. I'm having 2 Weeks AL directly before mat leave but have used the rest by reducing to 4 days pw from 22 Weeks.

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