To think I should get Christmas leave?

[JackMummy12]

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?

Tell your boss you don't want to use next year's leave so will work over the Christmas goodwill period. See what he says to that - he almost certainly won't want to open the office just for you.

Sorry cross post with @TitsInAbsentia

They can make you take holiday over Christmas even when the office is closed. DH’s company do it, my old company used to do it.

However, treating you differently from other staff could surely be seen as discriminatory and any smart business owner should be very wary of this.

I would definitely take advice from ACAS

I agree send him an email saying to make sure you have all the dates this is my maternity leave date . I might pad it out with currently I’m thinking returning around October but will of course be in touch.

Then If he says anything about the Christmas leave you say politely and slightly incredulously does everyone else have to take it as leave? Do you mean to tell me you think I should use annual leave while everyone else gets these days as extra because I’m pregnant? You do realise that’s completely not allowed and you need to give me the same extra leave as everyone else.
Then send an email saying. I was a little concerned by our conversation just now where you seemed to say that I will have to use leave for the Christmas period while all other staff get extra leave , because Im pregnant and go on maternity leave shortly after that. I don’t have to use leave and you must give me the extra leave you are providing to all other staff, you can’t make special policies for pregnant women to get less benefits than the other staff. I hope this is clear now.

if you are planning to take the whole year off then it actually doesn't matter though does it? either you get the Christmas shutdown off as paid leave and then your return to work date is the day after the Christmas shutdown in a year's time so the Christmas 2020 break is unpaid, or if you start your ML before Christmas this year then your leave will end just before the Christmas shutdown in 2020 and you ate back on full pay for that despite not needing to work. so isn't the total amount of money the same either way?

He should give you what all the other staff get. From 20th to x date in 2020.

Don't take the full 4 weeks leave in the run up; take 3 and a half weeks and go back on the 17th or 18th. Practically dares them to make you start your maternity leave when everyone else gets it off as 'goodwill' ... and would be clearly discriminatory.

Please join a union and get proper, confidential advice. Doesn't matter that it's a small company and doesn't matter if there is a union presence, just get yourself a rep, get yourself support and make sure you know your rights at work.

Couldn't be more important now that you're pregnant given the spike in pregnancy and maternity discrimination in the workplace.

www.tuc.org.uk/join-union