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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Leaving after maternity leave - accrued annual leave

37 replies

workinggally · 19/05/2011 19:29

I have decided that I am almost certainly not returning to work following maternity leave.

However have been thinking about the annual leave I've accrued while on maternity leave.

If I don't go back I'll obviously lose it. But it's worth about 8k - and I'm considering going back, taking the leave and then resigning. But not at all sure I could do it as would seem a bit outrageous and unethical (?)

Would it be totally U to go back and take the leave? I'm thinking it would be but just thought I'd check!

OP posts:
LoveBeingAbleToNamechange · 19/05/2011 19:33

You don't lose it either you'll take it as your notice period or they can pay it to you.

SnuffleTurtle153 · 19/05/2011 19:35

I was wondering about this too, I'm not planning on leaving, but would like to take accrued annual leave at the end of maternity leave to sort of drag the ML on a bit. As far as I know that's OK, so it should be OK for you to hand notice in and then take the accrued AL as your notice period.

Flisspaps · 19/05/2011 19:35

I didn't go back after ML but was paid the accrued annual leave in my final pay packet - why would you lose it?

pingu2209 · 19/05/2011 19:36

If you think they won't pay you your leave if you hand your notice in at the end of maternity leave, which is both unethical and illegal, then you will have to do what is necessary to get the money, even if it is unethical in some people's eyes.

Original poster
workinggally · 19/05/2011 19:45

ok thanks - my notice is actually 3 mths and I have 6 weeks leave. so I'll have to go back for a little bit I think.

I had a rather generous enhanced maternity leave package but it didn't say anything about returning afterwards.

I think they'll think I'm taking the piss slightly and hate me for it but given your responses I guess I might as well just do it and try and get the money from the accrued leave.

If I don't return at all I'm not sure I could get it given I have a 3 mth notice period.

OP posts:
TruthSweet · 19/05/2011 20:15

I handed in my notice in the February (was due back in March) and got 30 days holiday at full pay in my final pay packet.

Which was nice as I had had my maternity pay paid on part time hours even though I had only done 1 day part time work before being signed off sick until baby was born. I had thought I could manage to continue working part time but one morning's work disabused me of that little fantasy so I was signed off for the rest.

LoveBeingAbleToNamechange · 19/05/2011 20:19

Some enhanced packages do have a pay back clause if you leave, do you have a copy of the maternity policy/pack/handbook?

Original poster
workinggally · 19/05/2011 20:36

There's definitely no payback clause - they're far too disorganised for that!

OP posts:
Huffythetantrumslayer · 19/05/2011 20:39

You should get paid in lieu for any annual leave accrued but not taken when you leave a job. Doesn't matter that it was accrued while you were on ml. Should still get paid for it.

hairylights · 19/05/2011 20:47

huffy an employer is within it's rights to enforce that leave is taken during notice period, so what you say about being paid in lieu is not strictly true. If the company has prevented you from taking a/l by end of a/l year, that's a different scenario.

There is no legal right to pay in lieu unless the employer has made it impossible for you to take your leave.

hairylights · 19/05/2011 20:53

Hang on. six weeks a/l is worth £8k = your salary is enormous ... And you had generous enhanced ml .. I should think they will^ think you're taking the piss!

Hand in your three months notice and in the resignation state you'd like to take the last six weeks as annual leave which you've accrued.

Huffythetantrumslayer · 19/05/2011 20:54

I stand corrected! But either way you should be able to take the leave or have it paid in lieu, is that right? So op shouldn't lose it.

Original poster
workinggally · 19/05/2011 20:59

Thanks all. I guess what I meant with the original question was whether I'd be taking the piss too far.. rather than the legality of it.

They will hate me for it! A small firm and they were nice to me when pg as well (though have had a good few yrs of slavery from me, so never that nice).

OP posts:
Garcia10 · 19/05/2011 21:09

Hardly slavery! I calculated you are on approximately £70k per annum if 6 weeks holiday pay is equivalent to £8k (I presume you mean before tax).

Original poster
workinggally · 19/05/2011 21:14

was slavery - which is why I want to give it up!

OP posts:
cookcleanerchaufferetc · 19/05/2011 21:19

So just because she earned a good salary means she can't have worked "in slavery" ..... Often the higher you are the harder you work, especially in terms of responsibility. She could have been working 14 hour days ...

I just got annoyed that there was empathy until someone worked out her salary.

Garcia10 · 19/05/2011 21:40

To clarify I earn a similar salary and work long and often unsociable hours however I believe that this is what should I do as am privileged to earn a good wage and my employers deserve a high level of commitment.

I think to call any position where such a high level of salary is commanded as slavery is almost an insult to those who do experience true subjugation in their roles.

I am empathetic to women who are considering whether or not they should return to work and to be considering their options, and will concur that they have no knowledge of workinggally's role, but to call her employment slavery appears to me to be hyperbole.

Garcia10 · 19/05/2011 21:41
  • I not they
LoveBeingAbleToNamechange · 19/05/2011 21:46

They can choose to hate you if they wish however lots of employers are suprised to see people return! If they were nice there's no reason why they shouldn't be.

ledkr · 19/05/2011 21:47

Im due back by 31.1.12 and i do have a payback clause.I am planning to take a days leave every week to see how i am going to manage working and 2 kids.

Didyouever · 19/05/2011 21:49

It shouldn't make any difference but I wonder if the employer will think twice about employing another young woman?

LoveBeingAbleToNamechange · 19/05/2011 21:52

At my place you have to return for three months in order to keep the money, you might find it's a similar time frame to your notice period,

porcamiseria · 19/05/2011 22:30

sorry but people who do what you are doing give the rest of us working mums a bad name

so after getting your 1 year paid you want to grab your holiday too

legal yes sure, but I am glad I dont employ you

LoveBeingAbleToNamechange · 20/05/2011 07:16

porcamiseria - well if you did employ her you would have to give her the holiday even if she didn't ask or leave yourself open to et.

She is not giving anyone a bad name, thongs change, people change, and feelings change. She's not grabby, it's her holiday.

flowery · 20/05/2011 07:21

There's no reason to go back at all as long as there's three months left of your year's maternity leave. Serve your notice while on unpaid maternity leave. You are entitled to holiday accrued and not taken just as you would be if you'd been in the office for that year.

It's not 'grabbing' it, it's your legal entitlement, and as LoveBeing points out, you shouldn't have to ask, if your employer doesn't automatically pay you holiday already accrued at your termination date, they are breaking the law. There's no need to graciously forfeit holiday pay to save your employers money and avoid giving working mums a bad name as porcamiseria suggests.

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