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Holiday Entitlement in general but also in relation to Maternity Leave

(13 Posts)
MrsHuxtable Tue 30-Aug-11 18:50:30

I'm hoping to have a meeting with my employer soon to discuss the details of my ML, so want to be prepared as I have to raise a couple of issues with him.

1. I've know for a while that the minimum paid holiday entitlement for any worker is 5.6 weeks. My employer however does only give 4 weeks. I'm not sure if he is unaware that the law has changed or if he is just being greedy.
Can he legally do this?

2. I was planning to start my maternity leave next year 4 weeks before the EDD (EDD=11.Feb) and be off for the full year. I also know that while I'm on ML I'm still aggruing (? sorry, not a native speaker) my normal holiday entitlement. Since I won't be back at work until the January in the following year, does that mean I'm losing those holidays or can I insist on taking them before I start ML?

If it's possible to take all my holidays before ML, I'd really like to do that but it also means, I will bring the whole 5.6 weeks entitlement up. How will I go about this in the right way?

bettieblue Tue 30-Aug-11 19:11:23

Hi

The 5.6 weeks minimum paid holiday entitlement (ie- 28 days if you work 5 days a week) includes bank holidays. If you have 4 weeks and get the 8 bank holidays off and paid then you are getting the 28 days you should be.

You need to get a copy of your maternity policy from work which should outline conditions of leave. In my company you have to take leave in the year it falls, so I had to take some leave before i started my ML (i couldn't carry it over to when i returned to work as it would be in a new leave year). We are allowed in normal circumstances to carry a minimum of 5 days over if we have written permission so I did this and have taken 5 days over for when in return but the rest i took before ML started.

Hope that makes sense.

MrsHuxtable Tue 30-Aug-11 19:19:12

Thanks Bettie,
no, we are not getting any bank holidays at work. The only 2 days we get off is Christmas day and January 1st. The other bank holidays we are expected to work at normal pay.

Does every business have a maternity policy? I work for a smallish one, so there is no HR department or anything. Just my boss. I don't mind taking holidays before ML, I just don't want to be told I will lose them.

bettieblue Tue 30-Aug-11 19:20:43

by the way that was 4 weeks leave I took before ML started so my guess is the answer yes they should let you. I formally wrote requesting I wanted to take my leave when i sent my Mat B form in (you don't get that from doctor until you are 20 weeks). Your company maternity policy should tell you how many weeks before your due date you need to formally tell them of your pregnancy and when you intend to start ML (and take any leave owed).

MrsHuxtable Tue 30-Aug-11 19:28:01

I guess, I will let the whole 5.6 week entitlement go as not to annoy my employer anymore. He already hates me since I'm pregnant...

bettieblue Tue 30-Aug-11 19:33:22

Cross posts........I guess not all companies will, though they should have one. Ask you boss to see the policy before you have a meeting, if he says you don't have one have a look goverment website and it should say on there what employers should be doing in terms of leave and ML so you don't loose out.

http://www.direct.gov.uk/en/Parents/Moneyandworkentitlements/WorkAndFamilies/Pregnancyandmaternityrights/DG_175088

I think You should be getting 28 days paid hols so show him this!

http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_10034642

bettieblue Tue 30-Aug-11 19:36:55

You mustnt let your leave entitlement go..how long have you worked there?

MrsHuxtable Tue 30-Aug-11 19:37:05

Yes, that's also where I have my information from.
It's really just a question of how I can be assertive towards my very intimidating and bullying boss sad

bettieblue Tue 30-Aug-11 19:55:00

Oh im sorry to hear that, can you take someone to the meetings with you?
See what hes offering and if its way off try and get advise from CAB or similar about how to approach it. The bottom line is you could take him to a tribunal though I understand you wouldn't want the stress but you can't let him do you out of money you are entitled to. You will need every penny when baby arrives.

Hopefully some one who has experienced similar or works in HR/legal might be be able to give you some more useful advise.

Fuzzled Tue 30-Aug-11 20:15:57

You can also speak to ACAS if he isn't meeting your statutory requirements.

If memory serves, they also do a mediation service...

worldgonemad72 Tue 30-Aug-11 22:29:57

You're definately entitled to your full holiday entitlement of 28 days per year (pro rata if you work less than 5 days per week).
I had a huge row with my employers about this when i returned from my last maternity leave and suggested they speak to acas. they backed down as they knew they were in the wrong. Dont let your entitlement go, there are laws in this country to protect employees. Ive got a bullying employer as well unfortunately, but i did stand my ground on that occasion. Only bright side for me this time is that i wont be returning there smile

tiredchocoholic Wed 31-Aug-11 06:43:11

Hi, I support what the other ladies have said - you really mustn't allow your boss' ignorance or (especially) bullying to jeopardise what you are legally entitled to. Time he had a wake up call!! As for regular annual holiday entitlement the advice / facts given above is spot on. As for maternity policies and the options regarding taking holiday before / after mat leave is concerned, this is where companies vary their stance greatly. I would be highly surprised, from what you say, if your company has a mat policy so would assume the statutory provisions apply to you. Either way, you will accrue holiday at the normal rate whilst on mat leave - it's just a question of whether it is tagged on at the beginning or end. I'm an HR Manager but a bit rusty these days and can't say I am wholly up to speed with the legislation so would definitely support the suggestion that you visit the ACAS website, and preferably speak to one of the advisors to spell out your specific circumstances. Good luck....but please don't be intimidated into missing out! X

planetpotty Wed 31-Aug-11 06:59:24

Not sure if this helps but im getting my full leave entitlement for the year of my mat leave so last 6 weeks will be paid as annual leave.

Sorry if i have completely missed the point!

Def take your employer on (once you have all the facts).

smile

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