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Annual leave after maternity leave

(24 Posts)
Wizzska Mon 06-Oct-08 17:28:59

Legally, do you accrue annual leave when you are on maternity leave? If so, as I have been off on ML since last November, I should still have all my leave. My work has not paid me for holidays whilst on ML, have only had SMP. They've not told me I had to tag it onto my ML, and now I'm back at work. By my calculations that would mean I have 20 days to use between now and christmas. Am I right?

Rhian82 Mon 06-Oct-08 17:36:18

I think so - you do still accrue holiday when on maternity leave. At my work they prefer you to take the holiday accrued during OML before you actually go on maternity leave (so I'm taking three weeks holiday before my maternity leave starts, which is what I would accrue during those six months). Then any more holiday you accrue during AML can be tagged on the end or taken once you're back.

I'd speak to your HR about it.

mum2jakeyroo Mon 06-Oct-08 17:38:50

I think so. When I had 6 mths ML I was still allowed to have all my hols before or after ML. And I didn't tag it on. I had it when I wanted.I even got bonuses etc. Maybe ask hr.

Wizzska Mon 06-Oct-08 17:39:58

Thanks Rhian. I would speak to HR if there was HR. There are only 3 of us working here, and there has never been a pg person at the company. I want to know my rights before bringing up the subject with my boss.

Wizzska Mon 06-Oct-08 17:40:34

Cross posts Mum2. Thanks for advice.

flowerybeanbag Mon 06-Oct-08 17:44:07

You will have accrued your contractual maternity leave during OML, and then the statutory basic 4.8 weeks a year during AML. Obviously if you only get the basic you will have accrued that all the way through.

No reason they have to tag it on to your maternity leave unless you ask to do so, although that's obviously the most efficient way of using it up.

SpangleMaker Mon 06-Oct-08 19:56:23

May not be relevant to you, and your employer may not wear it, but what a couple of people at my place have done is to agree to take the A/L 1 day per week until it's used up. So for example, one person has come back 4 days per week, but for the first six months or so did 3 days per week, to break herself back into work more gently.

As I say may not be what you want, but it's another option to consider.

Wizzska Wed 08-Oct-08 11:54:27

They're saying I've only got 5 1/2 days. Am fighting their decision. Hope I'm right.

Wizzska Wed 08-Oct-08 12:12:30

You people are great. Thanks to you they've realised they have to give me my full leave. I am victorious! grin

BloodshotEyeballsintheScarySky Wed 08-Oct-08 12:14:22

I'm ringing my boss tomorrow to tell her I'm coming back a month after she thinks I am! Wish me luck... And I'm asking for part time. She's going to hate me. Luckily she's lovely.

Well done Wizzska. Enjoy your victory (and your time off!)

schwotz Wed 08-Oct-08 12:20:03

This was on radio 4 yesterday. It has all been updated recenlty on the BERR website Parental leave. A short guide for employers and employees.

A period of absence on parental leave does not affect entitlement to paid annual leave under the Working Time Regulations.

longer version of rights www.berr.gov.uk

witchandchips Wed 08-Oct-08 12:21:52

do you get paid though?

elkiedee Wed 08-Oct-08 12:21:55

That's great news Wizzska. Here we accrue AL but it's subject to normal carry forward limits of 5 days between leave years - that means that I will need to take 2008/2009 AL over 5 days before going on maternity leave (baby due end of Jan). 1st time round I was able to have 5 weeks off on full pay after the end of my half pay maternity leave, which was great, as I was going back near the end of a leave year - although it's not going to suit everyone, it did make it easier to start paying childcare, as I had that time with full pay but not full expense of working.

Wizzska Wed 08-Oct-08 13:17:21

Witch - If I don't take it I get paid. They can't afford to pay me so I'll have to take it.

Elkie - I don't think I can carry forward any leave.

Good luck Bloodshot.

pulapula Fri 10-Oct-08 21:23:56

Wizzska, well done you. I though you are only meant to accrue annual leave whilst on the first 6 months of ML max. Thats what it is for me and I work for BERR. Although must admit I did get 6 months full pay then 3 months SMP so can't really grumble.

I have gone back to work 3 days a week but still paid for 4 as I take a day A/L a week. Works well for me rather than taking it in one block.

pulapula Fri 10-Oct-08 21:31:25

As this had been bugging me, I've done some searches and you should only accrue AL whilst on ordinary maternity leave (max 6 months). You don't accrue it for additional maternity leave. But if your boss has agreed to it, then make the most of it!

flowerybeanbag Fri 10-Oct-08 21:34:06

That's not the case pulapula, and hasn't been for some time, don't know where you've searched! See section about terms and conditions during maternity leave here.

somersetmum Fri 10-Oct-08 21:40:05

flowerybeanbag pulapula is right. Your link says exactly what she said - you accrue annual leave during ordinary maternity leave.
However, the rules have just changed so mums of babies due on or after 05/10/08 will accrue holiday throughout their entire maternity leave (including additional maternity leave)

ChasingSquirrels Fri 10-Oct-08 21:40:43

pulapula - as flowerybeanbag said, you DO accrue annual leave while on ordinary maternity leave, but only at the statutory rate - see here

ChasingSquirrels Fri 10-Oct-08 21:41:39

sorry fbb - x-posted, with same link - lol.

somersetmum Fri 10-Oct-08 21:41:56

To clarify, you accrue *your full* annual leave during oml and the statutory minimum only during aml

ChasingSquirrels Fri 10-Oct-08 21:43:33

guess the statutory bit is out of the window very shortly though.

ChasingSquirrels Fri 10-Oct-08 21:44:20

i was confusing my oml and aml's

flowerybeanbag Fri 10-Oct-08 23:29:38

somerset women have accrued holiday during AML at statutory rate only for a while now; as the link says, that has recently increased for women with babies due from this month, it's now no longer just at the statutory rate but at the full rate during the whole maternity leave. But accruing holiday during AML isn't new.

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