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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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

45 replies

ER1992 · 10/05/2022 09:56

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

OP posts:
ER1992 · 13/05/2022 11:13

BernadetteRostankowskiWolowitz · 12/05/2022 17:25

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.

Thank you, just what I thought!

OP posts:
chubbachub · 13/05/2022 11:21

Same as others. Annual leave before or after the start of maternity is expected in my job.

AstroSurf · 13/05/2022 11:35

I find accruing holiday pay when you're off on maternity or sickness to be highly immoral. Bad enough that the company has to pay for the employer taking a break, but they also have to pay holiday on that break? No wonder the economy is in the shambles it is.

mummyh2016 · 13/05/2022 12:10

AstroSurf · 13/05/2022 11:35

I find accruing holiday pay when you're off on maternity or sickness to be highly immoral. Bad enough that the company has to pay for the employer taking a break, but they also have to pay holiday on that break? No wonder the economy is in the shambles it is.

The employer doesn't pay for maternity pay though do they, they claim it back off HMRC. It's only enhanced pay they can't claim back and if an employers finances are that tight it's like they would only be paying statutory anyway.

mummyh2016 · 13/05/2022 12:11

PP was supposed to say statutory at the end!

ER1992 · 13/05/2022 12:13

@AstroSurf wow 'taking a break' I assume you aren't a parent?

OP posts:
AstroSurf · 13/05/2022 12:18

ER1992 · 13/05/2022 12:13

@AstroSurf wow 'taking a break' I assume you aren't a parent?

If it isn't a break, why do you want an extra holiday at the end rather than going back to WORK? Fact is the employee hasn't worked, so what's the moral argument for the company ro be paying holiday pay?

FWIW I have several kids, BTDT.

stuntbubbles · 13/05/2022 12:19

AstroSurf · 13/05/2022 11:35

I find accruing holiday pay when you're off on maternity or sickness to be highly immoral. Bad enough that the company has to pay for the employer taking a break, but they also have to pay holiday on that break? No wonder the economy is in the shambles it is.

Hmm
RealBecca · 13/05/2022 12:20

@AstroSurf what would you do with your accrued holiday

ER1992 · 13/05/2022 12:29

@AstroSurf I have accrued holiday that I am entitled to take under the maternity legislation, so would you just tell you're company 'oh don't worry about the holiday I don't want to take it or have it paid' if so you're obviously a lot better off than I am. I will be returning to work but time with my baby is also very precious and not time I will ever get back again. If I have accrued holiday it would be nice to take this to spend some more time with him before returning back

OP posts:
SVRT19674 · 13/05/2022 12:31

What you are asking is standard in Spain, just out of curiosity. I had my four and half months statutory maternity leave and added holidays at the end. YADNBU.

SunshineAndFizz · 13/05/2022 12:44

How long have you had off for mat leave? The reason I ask is could you in theory still be off on mat leave over those extra two weeks (if your policy allowed), or have you already taken the maximum time?

When I told them my return to work date, I had already factored in a few weeks of holidays at the end - I had a year off in total but the last few weeks was annual leave so I got paid.

BritInUS1 · 13/05/2022 12:45

You are entitled to the annual leave but the company can choose when you take it

They are allowed to refuse the leave for business reasons but must allow you to take it at some point

So I would tell them how many days you have and ask them to let you know when you will be able to take it

Many employers prefer employees to take it before they return to work but this is their choice

bcc89 · 13/05/2022 14:02

I was asking how OP's employer knew when to book the return to work, had OP not communicated with them beforehand about the return date.

ER1992 · 13/05/2022 15:46

Anyway to those of you who have been understanding and given helpful advice thank you very much, had a phone call this afternoon from my employer agreeing the accrued holiday as they've realised how much I have to take and decided it's easier to take the accrued on the end rather than try fit it in amongst the rest of year.

To those very few who have just made pointless comments 🖕🏻🙊

OP posts:
BernadetteRostankowskiWolowitz · 13/05/2022 15:52

AstroSurf · 13/05/2022 11:35

I find accruing holiday pay when you're off on maternity or sickness to be highly immoral. Bad enough that the company has to pay for the employer taking a break, but they also have to pay holiday on that break? No wonder the economy is in the shambles it is.

Hilarious.

AstroSurf · 13/05/2022 18:57

RealBecca · 13/05/2022 12:20

@AstroSurf what would you do with your accrued holiday

TBH I'd probably use it, but it's highly immoral. Sadly it's the law. But there is no moral justification for that law. Pure exploitation of employers.

Iwouldlikesomecake · 13/05/2022 19:02

It’s not exploitation of employers, it’s ensuring you aren’t worse off in employment terms simply because you had a baby.

rustycarpet · 13/05/2022 19:11

I took my accrued AL and then made a request for unpaid parental leave at the end of mat leave....so was off for something closer to 14 months. I'd go back to them and ask them when they intend to let you take it.

Matleaf · 13/05/2022 19:16

I wanted to do the same as you OP, but was refused. I was told that I could take the full year mat leave. And then I could take my full accrued annual leave BUT it was at the discretion of my line manager when I would be able to take the annual leave ( just like all leave has to be granted). My line manager argued the business case and I was not allowed to tag it on to the end. However, HR have been very clear that I am entitled to take the entire accrued leave over the year, and that my line manager now needs to allocate where I can take the leave instead. Our year has peaks and troughs and I am returning at a peak, and the mat cover contract only lasts for a year. So if I had had the AL at the end, then they would have been one person down at the busiest time so I do get it.

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