Work

[2dads]

I am due to start introductions next month, I have been trying to put holidays in at work to use up some of my holiday. Work are saying I can’t put them in yet as I haven’t accrued them. I have worked their for 2 years our holidays run jan -jan and I will be having full 12 months off. Are they right in saying I have to accrue my holidays before I use them?

yes I think so in this situation. If you are entitled to say 4 weeks a year and took them at the beginning of the year, but handed in your notice in June, you would 'owe' your holidays back.

Its normal to add any accrued leave on to the end of your adoption leave before you return to work.

Congratulations on your match. I'll start by saying my HR experience is very old and very limited, so take this with all the weight you'd normally give a random internetter. I'm no expert.

Are they right in saying I have to accrue my holidays before I use them?

No. Otherwise you wouldn't be able to take your last day of holiday until the last day of the year. Who has said this to you? Was it an official response to you booking through the normal procedures?

You will not lose any leave entitlement while you are off on adoption leave, because you are still employed. You will come back to a full year's entitlement, unless you arrange to take some before you go.

Your partner (if such a thing exists) will get the two weeks, as per paternity leave, usually taken to start at the beginning of intos. From experience 2 weeks is short so the more time the non-main carer can get the better (obviously not relevant if you are splitting the adoption leave).

Your adoption leave policy should be the same as your maternity policy. You are entitled to 5 days of paid leave (in addition to annual leave) to attend adoption appointments, though strictly speaking this only applies to one partner and the other partner should just get 2 days.

Presumably you've seen this?assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/419080/bis-15-259-changes-to-adoption-leave-and-pay-from-5-april-2015-technical-guidance-for-employers.pdf

This is wrong what you have been told OP, for the reasons donquixotedelamancha gave.

You don't need to use up your holidays either, if you are having 12 months off you will get paid any holiday you haven't used at the end.

My OH has been off since April. He handed his notice in in January (1 month) and doesn't finish his adoption leave until February (so will be 'working his notice' while on leave). He will get his full holiday entitlement in his last pay as he didn't use any of it in 2018.

If HR told you this they're wrong, so go back and challenge it (you'll find a lot of HR departments don't know much about adoption....my OH's didn't.....big national company....).