To ask to add my accrued holiday onto the end of maternity leave.

[ER1992]

Hi, I'm due to return to work in 2 months from maternity leave, I have asked my employer if I can add my accrued holiday to the end of this time which has been refused.
I was wondering if they are actually allowed to refuse and if there's anything I can do to change their minds?
The reason they've given is because they have another employer off at the time I'm due back so can't add the holiday.
My argument is that they've had a whole year of me not working and the other employers have still taken the holiday entitled so is ane extra couple of weeks added to my maternity going to make a difference?
They are also relying on my not handing my notice in between now and then, if I was to hand it in they are still going to have that employer on annual leave and me not returning.
Any advice would be greatful.
Thanks

No advice, but our maternity policy specifically advises managers to ‘encourage returning staff to use the bulk of their accrued holiday at the end of any special leave’.

won’t it be more difficult for them to facilitate two years worth of holiday in one holiday year? (This year and last years accrued).

that being said, I don’t think there’s anything you can do to force them to let you take it.

You can ask but they're allowed to say no. Just go back for a few weeks the take some time.

This is standard and in fact encouraged in my work. They just keep the mat leave cover person on for a few extra weeks.

Yes my employers’ policy is the same - doing this is actively encouraged.

Similar to PPs, my company's policy is the opposite.

But I wouldn't think that your company is doing anything wrong, they aren't taking the holiday from you, just saying you can't use it at that specific time. Which is presumably what happens sometimes with staff not on maternity leave - holiday gets turned down due to staffing.

As above my company encourage us to use it in one block. This way at least they can plan cover instead of me being off on holiday loads in the year.

Why don't you say, ok I'll use it to take holiday every Friday instead and work a 4 day week for half the year. They might change their minds about what they'd prefer!

Sounds Ok to me. We do this at work.

They’ve said no as they need you.

Before you resign do check if you need to pay back any maternity pay.

I'm suprised you've only just asked. I am due to go on mat leave in 3 months and already booked and had approved my annual leave for before mat leave as well as after. I suppose this late in the day they have been planning for your return date, so this throws a spanner in the works.

Also odd they didn't suggest this earlier as like most PPs, most companies want staff to take leave straight after mat leave to get their days down to a more manageable amount. Maybe remind them how many annual leave days you will then have to use by whatever date your leave year ends and see if that changes their mind

Bit weird since it's only 2 weeks. Ask to do 10 weeks of 4 days instead 😈

They can refuse, as long as you still get to use the leave at some point. So when you return, your annual leave balance will be whatever you have accrued so far added to whatever is left.

When does your annual leave period start and end?

My employer (NHS) has the same policy. They'd much rather we tack it onto the end.

My annual leave period is April to April so I will accrue a bit I had left over from last year and from 1st April to middle of July when I'm due back plus any bank Holidays their has been. When working we are encouraged to book 80% of our annual leave for the year in April so trying to fit my accrued holiday in and what have to take for the rest is going to be a struggle when all the employers are going to have booked the majority of theirs already. The rule in my work has always been 1 employer off on annual leave at any time unless it's special circumstances so its already a struggle to try fit it all in without anyone overlapping.
It just doesn't make sense that I've been off a year and they've still had people off on annual leave and they also didn't cover my hours so they've managed without me for that time.
It just makes no sense, surely it's easier for them to let me extend my leave it rather than try add it all in amongst everyone else's annual leave already booked off later in the year

In light of their reply, I'd ask them to send you over the exact number of days you have available to you til 31 March 2023, and a list of dates which they have currently blocked out for others holiday. Then just sit and work through fitting in all the leave as best you can and send it back.

Actively encouraged at my company. I did it too, granted it was rather a long time ago but getting full pay for that holiday after existing on 6 months stat minimum, it was nice!

Yes I would do this presumably you've looked at their maternity leave policy and what they've said fits with that. I expect once you do the above they will realise they are going to have to let you take it sometime.

Presumably the other employees have managed to have their holiday despite you being off because all of their holidays were at times when just they were off, and therefore your absence was irrelevant because the policy was followed. Whereas now they're factoring you as back in, and the policy applies.

Unless you're saying that there were times in which more than one person was off at the same time during the time you were off, and so the policy is clearly a moving feast.

If it's the former then I don't really see what you can do other than point out how many days you've got to take and how inconvenient it's going to be for you/everyone else (as presumably none of them will be allowed to be off whilst you've exhausting your accrued leave).

Situations like this are of the reasons I'm not in favour of accruing annual leave whilst on mat leave...

I don't have any advice, but I am questioning why you left it so late to ask?

@bcc89 I haven't, I had my return to work interview where this and other aspects of my return is discussed, my contract states I don't need to be in touch with my company about anything to do with my return until this meeting.

I tacked my annual leave onto the end of my maternity leave, but I told them this when I agreed my return date. I suspect you've agreed already your return date a while ago (with you now having your return to work meeting), so unfortunately I can see why they now can't accommodate your request.

Yes they can say no. You're entitled to the A/L but they can dictate when you use it.

I would try and work with them if you plan to stay there. If they haven't covered your role while you've been off, presumably that's had an impact on your colleagues. That's 100% not your fault, but may be a factor in them needing more people around to deal with a backlog.

@bcc89 in my contract it's clearly states my return date, any extensions needed, flexible working requests and any other requirements are discussed and finalised in my return to work meeting, the meeting is to happen at my managers request.

You have given them your return date though? You would have to provide that before the meeting, or how would they know when to hold it? You could take off 3 months, 6 months, a year

Employers should always work on the basis that the employee will take all 12 months of their maternity leave. They cannot ask you to come back sooner, of even do anything other than assume you will take the lot. Even if you said before going on leave you would return at 6months, they cannot work to that date.

The only obligation you have OP is to notify them 8 weeks before you intend to return, if that date differs from the first day after your 12 months of leave.