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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To think I should get Christmas leave?

33 replies

JackMummy12 · 26/11/2019 18:49

I'm due a baby early January.

I am using holiday allowance up until the Christmas period, for three weeks. My company then gives us Christmas as good will however it is not in our contract - as I have been there all year I assumed I would also be given this as good will too so planned to start my maternity leave in the new year.

I'm now under the impression from my boss he is not happy with this and I'm really upset by it one because I have worked the year it's not like I've had the year off and expect to be paid it (I assumed I wouldn't get it next year if I don't return before Xmas) and also if I use my maternity leave over the Christmas period I would actually be being made to use it then as the office is shut down so my colleagues would not be working and I wouldn't actually be able to work as the office is closed.

I don't want to make a fuss but also feel I often get the short straw when it comes to holidays etc. Can anyone tell me if I legally have any standing with this? Surely I can't be forced to use my holiday or maternity leave over this period when the office would be shut?

OP posts:
DisplayPurposesOnly · 26/11/2019 18:56

Surely if everyone else is being Christmas off as good will, then it's discriminatory to not give it to you as well?

Suggest ringing ACAS for advice.

Sparklybanana · 26/11/2019 19:00

If everyone else is getting it off and you’d normally get it off if not going on maternity then you are nbu- it’s discrimination. You’re legally allowed all benefits you’re normally allowed during a normal working year including holiday and whilst technically this is before maternity leave, the fact you’ll be off for a year on maternity is being used to discriminate against you.

Janaih · 26/11/2019 19:02

yy to discrimination which is naughty of them. do you have a hr dept? if not contact acas or citizens advice.

Original poster
JackMummy12 · 26/11/2019 19:25

I don't have a HR dept and work for a small business, so hate making a fuss as it's not the most politically correct place at times.

I don't want to make a fuss and leave on a bad note with my boss before maternity but also know it won't exactly make me feel great if I just accept it and either way I lose out and feel the bad guy. Maybe this is my own anxiety, but if he does turn around and tell me I have to use my holiday or maternity allowance - what would be my next steps?

OP posts:
cabbageking · 26/11/2019 19:33

Is it normal to have the whole of December off ( 4 weeks) in your firm?

Original poster
JackMummy12 · 26/11/2019 19:51

No. I am using holiday to take me up till the last day my colleagues would be working till 20th - so I am on annual leave until then - It is not normal to have four weeks off this is because I'm nearing the end of my pregnancy.

From then the office would be shut until the new year, that's when I have planned to start my maternity leave.

This was all agreed I thought back in October however now under the impression my boss is going to make it so I have it deducted from next years holiday allowance or find that my maternity leave started at 20th December and not in the new year as planned.

OP posts:
BernadetteRostankowskiWolowitz · 26/11/2019 19:53

If no one else has to spend annual leave to cover the Christmas close then you shouldn't either. Anythi g else would absoloutley be descrimanatory.

FrangipaniBlue · 26/11/2019 20:42

I worked somewhere that closed over Christmas and we took 2 days leave plus 1 day "goodwill".

Like you I started my mat leave 2 Jan and booked my remaining leave from around mid December.

I still got the 1 day goodwill!

As others have said, it's discriminatory not to give it to you when others get it.

katmarie · 26/11/2019 20:49

Bernadette is right. If the office is closed and no one else has to use annual leave for that period then the same arrangement should apply to you. It's that simple.

Palavah · 26/11/2019 20:58

If the office is closed what does your boss think will happen if you were to not book Christmas as annual leave?

CallmeAngelina · 26/11/2019 21:05

I think what you're saying is very similar to what many teachers do re: the summer holiday, if their baby is due in September. It's perfectly legal and no one can object. At the very worst (depending on dates) they might perhaps return to work for a day or two in early September.
Could you do that? Work a few days in January?

hazell42 · 26/11/2019 21:13

Why don't you want to make a fuss?

hazell42 · 26/11/2019 21:14

People who dont make a fuss get walked all over

cabbageking · 26/11/2019 21:18

This is from this year's entitlement? and you have accrued this amount?

Crunchymum · 26/11/2019 21:19

If your boss hasn't said anything outright then how do you know what he is thinking / going to do?

Are you planning to return after M/L?

OrangeSlices998 · 26/11/2019 21:25

I’d put your plan in writing, and email it to him and then ask to discuss. Who has taken your MATB1 - speak to that person?

Havaina · 26/11/2019 21:30

This is why women often get screwed over, because they 'don't like making a fuss'. You are being discriminated against, don't stand for it.

CAG12 · 26/11/2019 21:34

Whats his actual reasoning for not giving you the leave everyone else is getting?

Wattagoose90 · 26/11/2019 21:37

If it's on a goodwill basis I'm not sure where you stand. Especially if your holiday has already started and you had no intention to be in the office anyway.

I'm my workplace, everyone gets sent home pretty quickly on Xmas eve and new years eve, but it's not a given. If you absolutely want the time off, you book it off. If the rest of the team are allowed to leave early, it's managers discretion and the people already off don't get addional hours back.

I'm torn, on one hand I think it's very cheeky to expect it from your employer when you're not technically entitled to it. On the other hand it's unfair that everyone else gets it and you don't.

ChazsBrilliantAttitude · 26/11/2019 21:58

He is treating you differently because you are pregnant. Speak to ACAS but he is on shaky ground. Also there is a chance that a benefit that has regularly been given to all staff would no longer be regarded as discretionary, so I would double check that too.

wibdib · 26/11/2019 22:02

Do you jhave legal cover with your house insurance (or any insurance or a bank account etc etc)? If you do, you could ring them for advice if you can't access ACAS,

LH1987 · 26/11/2019 22:04

I would notify them again in writing as to the day you will be commencing maternity leave (following the goodwill holiday period). This holiday is a non contractual benefit and could be given or taken away to all staff on any year. If you are already on maternity leave it is arguably reasonable that you shouldn't have it (though I think you would win any tribunal case). They cant tell you when to commence maternity leave

HollowTalk · 26/11/2019 22:08

Do other staff use holiday leave for that period when the office is shut?

BanjoStarz · 26/11/2019 22:11

Is it goodwill or holiday though?

I worked somewhere where you always got the 2 or 3 working days off between Xmas and new year off as “goodwill” but the office was open and staffed by volunteers (who then got days in lieu)

Then the company got taken over, contracts reissued and new leave forms...turns out those 2-3 days weren’t actually “goodwill” they were annual leave that was blocked off for us - so we were given 25 days leave but could only choose when to take 22 of them and this had always been the case.

TLDR you might find this goodwill is actually annual leave that you haven’t accrued so your boss thinks you can’t take - but you accrue holiday entitlement on mat leave so you should be entitled.

But, regardless of anything, if the office is shut, how are you supposed to work?!

TitsInAbsentia · 26/11/2019 22:12

Call their bluff and tell them you'll be in on those inbetween days then...I'm sure you'd have to have more than one person in so that would stuff it up for everyone and they'd have to back down.