Holidays when on maternity

[BackToWork12]

Hi all, I thought I'd post here for traffic.

Basically my annual leave runs january to december. My baby was due early july 2020, but he came 3 weeks early. I had annual leave booked for those 3 weeks. Am I entitled to those days this year? Previously my work have allowed people to carry holidays over, so I know that if they don't let me I could go down the route of discrimination, but I'd rather not.

We also get bank holidays and the week between Christmas and New year off. These were never offered to me. For example it wasn't said "you won't benefit from the remaining bank holidays or the days between Christmas and New year so you can take those days before you go on mat leave". Am I entitled to those days this year?

I worked full time last year and will be returning to work part time. Whilst I mentioned last year that i would like to return part time, it was never agreed until last month. Could they say that I can have the annual leave from last year but that it must be reduced to reflect my part time hours?

Maternity leave is triggered automatically if baby arrives early, so you were on mat leave then, not holiday.

You accrue all your usual leave while on mat leave, and it's common to add it as a block at the end of mat leave. If you were fulltime, you accrued your full time leave allowance, even if you've agreed to return part time.

Thank you. Yes my maternity leave started the day he was born. What I mean is, is there anything that legally says I can carry those holidays over into the next annual leave year. I think that normally, a company doesn't have to legally agree to you carrying leave over, its all discretionary. I wondered if it was different in my case.

I think you should be given your annual leave back, although i know someone who got screwed over in the same way because baby came early. For the bank holidays, i think you have to be given them back assuming that your company only gives you basic holidays where bank holidays form part of that (so 20 days plus bank holidays). If they deny it then they are in the wrong as they cant give you less holidays than the legal minimum. Im in a similar boat to you though op il currently on mat leave due back this summer, i didnt lose holidays due to an early baby but im preparing to have the conversation about getting my bank holidays back!!

What I mean is, is there anything that legally says I can carry those holidays over into the next annual leave year. I think that normally, a company doesn't have to legally agree to you carrying leave over, its all discretionary. I wondered if it was different in my case.

Legally you must either be allowed to take your leave, carry it over or be paid for it. How it happens though can differ by employer.

But you can't lose it.

Your holiday entitlement, including bank holidays accrues so let’s say you have those 3 weeks plus any other holiday you would normally be entitled too. Plus bank holidays.

The Christmas leave may different if it’s just that the business shuts and therefore you would be off work without having to use holiday entitlement.

Plus holiday from this year up to your return date.

So in my case I had accrued 6 weeks holiday while on mat leave. I added it on to the end of my mat leave so I was ultimately off for 14 months (had some holiday at the start too). I was returning part time so i had to take the 6 weeks as if I was FT before actually going in PT.

Thanks all. Even though I'm owed at least those 15 days plus BH, work have said I only have 10 days holiday from last year plus this years entitlement. I've asked them how but I think they've just given me my part time equivalent.

I would go back to them and document what you believe to be true. So if you took any holiday last year list it out something line this:

• years holiday entitlement For 2020: x days
• leave taken on x date to x date inclusive: x days
• maternity leave commenced: x date
• remaining leave not taken in 2020: x days
• planned date to return to work in 2021: x date
• holiday accrued in 2021: x days [for example you get 25 days pa. that would roughly be 12.5 days accrued if you’re returning 01.07.2021)
• total holiday entitlement to take combining 2020 carried over : x days

I would like to take this from the end of my maternity Leave on x date, returning to the office on x date when my hours will change to part time.

If you could confirm this is correct and the holiday is approved I would really appreciate it.

Backtowork12

Don’t really on them knowing or getting it right as many businesses are crap at this

I believe you aren't actually part time until you go back part time.

All your holiday entitlement acrued for the maternity leave period gets carries forward.

How are they paying you - are you on statutory maternity pay or do you have an enhanced scheme where they are paying you normal salary or a proportion? Are they still paying you at full time rate?

You would definitely accrue your holiday on a FT basis until you go back PT. So whatever their rule is needs to be calculated on a FT basis.

You would accrue your holiday plus banks on full time if that’s what you were working before you went on maternity, it’s all in here.
www.gov.uk/maternity-pay-leave

I went from FT to PT. I got my FT holiday allowance added onto my year’s mat leave, meaning I went back in Feb instead of December.