Talk

Advanced search

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

carrying over holiday pay after maternity leave

(5 Posts)
livvylongpants Wed 16-Dec-15 13:13:43

Hi All,

Looked online and the advice is patchy. I started Mat leave on 1st Jan 2015, which means I am currently on unpaid leave and due to return 1st Jan 2016. Obviously I have accrued holiday this year, and requested to take this holiday on the end of my maternity leave.

I have been told by my boss that this is not possible and I must take it within the year accrued.? Is this correct, my DC1 starts school and DC2 AND 3 starting new childcare so wanted to settle them before i started back. aswell as extending my time at home with DC3

Any advice on this

Fizrim Wed 16-Dec-15 13:16:07

What are they proposing to do, pay you for the leave that you have not taken in the December payroll (because they'll have well missed that!)?

CurlsLDN Wed 16-Dec-15 13:16:36

As far as I know, your holiday 'rules' are whatever Is in your contract, regardless of whether you are on mat leave or not. So, if you're not allowed to carry it over they will have to pay you the money for the days instead

mariefab Thu 17-Dec-15 00:33:47

They are wrong.
You can't be on maternity leave and on holiday at the same time.
They must let you carry over your holiday entitlement to 2016. So, you'll have 2 years worth to take next year.
They cannot pay you for your holidays instead.
At least they can't pay instead for the statutory minimum 5.6 weeks. If your contract entitles you to more than this they could pay for the additional days.
Otherwise, the only time an employer is permitted to pay for holidays instead of allowing the employee to take the time off is when the employment ends.

RNBrie Thu 17-Dec-15 00:38:49

At my company you can only carry over a max of 5 days and the rest they buy back from you if you're unable to take them for whatever reason.

Pretty sure that it's illegal for you to just lose them as it would be depriving you of a benefit due to being on mat leave.

Join the discussion

Join the discussion

Registering is free, easy, and means you can join in the discussion, get discounts, win prizes and lots more.

Register now