Does my employer have the right to reduce the holiday entitlement accrued during my mat leave?

[Mariayves]

I am due to return to work in two months on a part time basis (50% of my previous hours/ I will work only in the mornings). Before my maternity leave I worked full time and I have 20 days of leave left from 2022 as well as 30 days for 2023. I was convinced that the days that were accrued while I was still in a full time role would count as "full days" and as a result allow me to take two half days/ mornings off for each of them. My employer is now saying however that as a result of me returning part time, I will only be able to take half a day for each day I built up. Is he allowed to do this? It seems rather unfair to me and I feel I should have been made aware of this before I went on mat leave as I would have taken all my 2022 allowance before having my DD. I didn't find any information online so any insights would be much appreciated.

Yes you have full time entitlement to carry over, or you need to be paid for it!!

Your employers are not correct
You accrued that leave whilst a full time employee
You are owed that time

If you’d been part time previously and now where going full time do you think it would have worked that now your full time you’ll get full days instead of half days?

they’re pulling a fast one

No way can he reduce accrued holiday because you're now part time. Those hours were accrued when you were full time and on maternity leave - they have already been earned.

Your exact situation is here, the first example.

https://maternityaction.org.uk/advice/discrimination-during-maternity-leave-and-on-return-to-work/#:~:text=If%20you%20are%20reducing%20your,of%20your%20return%20to%20work.

Your employer is wrong. Contact Pregnant Then Screwed for the legalities of this

No he can’t do this. Contact pregnant then screwed for legal advice

Sorry it's the Sue bit:

What happens to my holiday entitlement if I go part-time after maternity leave?
Your holiday entitlement is based on your current contract of employment. If you are reducing your hours of work after returning to work, e.g. going part-time, your new contract will usually start at the end of your maternity leave unless you and your employer agree otherwise. This means that your holiday entitlement will be reduced pro rata from the date of your return to work. This can often mean that you will have a lot of annual leave to use after returning part-time so it is a good idea to talk to your employer about when you will take it.

Example

**Sue was working full-time up to the start of her maternity leave. She took 52 weeks maternity leave and was entitled to 30 days annual leave which she continued to accrue during her maternity leave. She returned to work three days a week at the end of her maternity leave and it was agreed that her part-time hours would start at the end of her maternity leave. Sue had 30 days paid holiday to take. She could ask her employer to take a further 10 weeks’ holiday (taken at three days per week) or she could give notice to end her maternity leave early so that she takes the last month (using 30 days’ holiday) as paid holiday.

very helpful, thank you. Gives me something to refer to

very helpful, thank you. Gives me something to refer to

good point, I hadn't thought of this.

Would it be worth emailing your employer, explaining that you've looked into the legality of this and it doesn't seem to be correct. Could he email over his previous statement to you, just so you can forward it to your solicitor. This way you have everything in writing plus it may well put the frightners up him thinking your going to take legal action. He's trying it on. Years ago I had an employer tell me that because I changed from full to part time I wasn't entitled to holiday pay anymore. I made a point of asking her about it again when her account was present. Something like ' oh by the way "Susan" now I'm part time I'm not entitled to holiday pay, that's what you said isn't it?' Her accountant butted in with 'no that's not right at all!' Challenge your boss he knows hes wrong and I bet hes just hoping you'll accept it. Guarantee he'll sort it if he thinks your going down the legal road because he knows hes wrong.

For 2023 you'll have full time for the period covering your mat leave but the holiday accrued once you return will be based on your new part time hours. The leave relating to 2022 when you were full time / on mat leave will all be based on full time hours.

so if you're returning in July then you'll have 15 days for the half year you worked full time and then 15 half days relating to the remainder of the year when you work mornings only.

as mentioned above you could end may leave early and use the holiday for the last month. Or even use some of the holiday as you return to remain on full time pay for a month or two.

Your annual leave entitlement changes at the point you return on your part time hrs. Any leave accrued whilst on maternity leave is the same as when you left. Do they want to go to an employment tribunal?!!

I might be wrong but the 30 days for 2023 might be where you’re miscalculating. When does your work holiday year start? This would affect your accrual. If you return in August and your holiday year doesn’t start until April for example then you would be over calculating. If the holiday year started in January then you would have 8 months at your f/t accrual and 4 months at p/t accrual. At work when people go from f/t to p/t we change them from days to hours for holiday so it is easier to manage from a payroll system point of view.

Okay just reread your post. I think what they mean is - if you have 20 day’s accrued, if you were previously working 8 hour days and are now only working 4 hours in the morning then you would only be paid 4 hours holiday. When you change someone’s work pattern on the system it would only register you as 4 hours per day on your return. To pay you the 8 hours a day, (4 hrs work & 4 hrs holiday) if that’s what you want it would have to be a manual input done by your payroll team. We get this at work where the system only sees you as your new contracted hours, usually there is no ‘overwrite’ for these systems and it’s very black and white - you’re either 8 hours a day or you’re 4. You can’t pay someone 4 hours holiday if they are already working 4 hours that day already as it will only see you as 4 hours total per day.

If you don’t want a manual lump sum to be added then you can eek out your holiday and essentially take more days off but your total pay each week would only total 20 hours (for example) because that is your contract on the system.

i think you’re assuming your 30 days for 2023 would total 240 hours (eg based on a 40 hr week) but it will be less depending on your new contract and when the holiday year began.

Get your payroll/HR team to send you a calculation breakdown of what your holiday was prior to mat leave and upon your return. There are also calculators online that you can use, hope this helps. Sorry this was lengthy but trying to explain best way possible.

They cannot cut your total accrued hours however the way it can be taken is more spread out due to your new reduction in hours. Obviously if you feel they are trying to pull one go through your hr business advisor/partner or last resort contact acas.

https://www.gov.uk/calculate-your-holiday-entitlement

I return from mat leave soon and I’m dreading it :(