holiday accrued on mat leave if i don't go back to work

[katherine2008]

odd question, but does anyone know whether if I choose not to return to work at 9 months (or at least not back to my employer) do I lose the holiday I have accrued on Maternity Leave? thanks!

[EldonAve]

usually they just pay you for it

[Onlyaphase]

My holiday accrued time got converted into pay and was paid to me in a lump sum after my year's maternity leave was up and I hadn't returned.

[chegirl]

I know you dont accrue holiday if you are on the unpaid bit of mat leave (unless the law has changed)

A random fact but just in case its helpful.

[EldonAve]

you can accrue holiday during the unpaid maternity leave but it depends on your employment contract

[chegirl]

Sorry I thought it was universal. It must have been the NHS then. Sorry for confusing issue.

Im off

[georgimama]

All rights of employment (except pay) continue during the whole of your maternity leave, so if you don't return you get whatever portion of annual leave accrued during your ML that you have not used paid in a lump sum.

[ChasingSquirrels]

you do accrue AL during both ordinary and additional maternity leave.
During ordinary - at your contractual rate.
During additional - at the statutory rate (is that 20.24 or 28 now).
No idea on taking it as pay - that presumably depends on whether your contract allows you to do so?

[katherine2008]

thank you all

[llareggub]

It should be paid up to you. Check your maternity policy: di you have to repay any maternity pay (as in not statutory) paid to you?

[llareggub]

If you are leaving to be a SAHM, why tell them at 9 months? Tell them at 12 months and get more leave paid to you, obviously check out the leave year rules first!

[katherine2008]

no, i've just been on smp, so will try to get it as a lump sum at the end i guess?

[smallone]

I did in 2007, had 26 wks smp then unpaid up to 12 months. Got paid for it when I resigned.

[katherine2008]

fingers crossed!

[Chocolatedays]

Hi all

What was the final verdict on this? I'm going into work tomorrow to discuss my return and will have had 12 months off in total and get 25 days holiday... am I entitled to the full 25 days?

Thanks!

[mumof2222222222222222boys]

I would think so!

[katherine2008]

Hope all went well!