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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To ask about mat leave and accrued holiday

13 replies

Hanna86 · 21/03/2023 12:59

I'm currently on maternity leave but won't go back to my job, I'm going to take a bit of time out and then retrain. I don't have to pay back my maternity pay.

im on 3 months notice, so I need to let them know soon (DD is 8 months and I worked up to the due date more or less). I'm wondering if anyone knows what happens with accrued holidays which are worth quite a bit of money. Eg

  1. mat leave started 1 July, resign 1 April, accrue holiday up to 1 July and then take it all and get paid for it at the end. Also get all those bank holidays and Easter added on. Or...
  2. resign 1 April, employer can say you need to take leave as part of the notice period (as I know is normal and happens at other times)

surely it must be 1 due to the mat leave element and right to take 52 weeks? Grateful for any informed views from hr ppl, lawyers etc!!

OP posts:
Neededanewuserhandle · 21/03/2023 13:40

I am not quite clear from your post if you would be on paid mat leave during your notice period, but in general employers can determine when you take paid annual leave. Also you continue to accrue annual leave during maternity leave.

Original poster
Hanna86 · 21/03/2023 17:12

I'd be on unpaid mat leave, so my 39 weeks of smp would run out on April but I would still have 3 months left of mat leave to get me to the full year, which I'm entitled to take. I just don't really see how if I've resigned, and I wouldn't be getting paid anyway, they can make me take holiday during this time. It's also relevant as there are 5 bank holidays during this period which i would hope to accrue. It's obviously not a major issue but I wanted to know what to expect before I hand in my notice.

OP posts:
alyceflowers · 21/03/2023 17:16

I don't think they can end your maternity leave early. I'd get advice from ACAS though.

LIZS · 21/03/2023 17:17

Does it matter if your al is taken during your otherwise unpaid period if you have no plans to return. You still accrue leave until your leaving date.

Itsbytheby · 21/03/2023 17:23

It you are leaving and won't come back and get paid for the leave then what does that matter? In either of the two scenarios they can't get you to take your paid leave unpaid and you will still accrue holiday when on leave. You end date will be the same. As far as I can see anyway.

Neededanewuserhandle · 21/03/2023 17:26

Are you angling for cash as a lump sum instead of paid leave for the days you take OP? Not really sure what the question is?

Foreversearch · 21/03/2023 17:31

@Hanna86 option 3 - work out how much annual leave you will accrue to 30 June. Ask HR to work it out.

Add annual leave weeks to 1July e.g. 5.6 weeks takes you to 9 August. Give 3 months notice on 9 May stating 1 July to 9 August will be annual leave.

You accrue extra leave 1 July to 9 August which you are paid for.

Note: You need to be sure they will let you take annual leave and won’t ask you to work.

CountZacular · 21/03/2023 17:35

I’d double check with your HR, but I’m sure it’s option 1. You are entitled to the full 52 weeks mat leave and the employer cannot end it early - only you can. If you leave during may leave they will need to pay you for accrued holidays. You can’t take annual leave whilst on maternity leave so it would be the only option available.

red78hot · 21/03/2023 17:39

My employer is tagging my holidays onto the end of my maternity pay, it's 6 weeks worth so will really help financially, if I were you I'd ask for them adding on before you resign.

SleekMamma · 21/03/2023 17:40

If you take all your mat leave you do accrue holiday. If you then leave you get paid it in cash.

BungleandGeorge · 21/03/2023 17:40

I can’t really see the difference either since you continue to accrue leave whilst on leave? The bank holidays will be prorata to the percentage of the entire year that you work usually so you may actually do better by resigning after your mat leave and taking the holiday whilst on notice. I also think that if you ask for it as a lump sum after you leave it may be more difficult to get the PAYE overpayment back as you’ll no longer be employed

CatiaR · 21/03/2023 17:42

Someone who works for HR here.

As some of the pp posters said only you can end your mat leave and we normally assume you would be taking the 52 weeks unless told otherwise. So you can give your notice and say that your last working day is when your maternity leave ends and then HR will pay on your last payslip any outstanding holiday entitlement up to the day you leave.

I don’t think this would really vary per company as you already said you don’t have to pay your maternity pay back.

If your mat leave started on the 1st July then your end date is 30th of June.

CatiaR · 21/03/2023 17:45

CatiaR · 21/03/2023 17:42

Someone who works for HR here.

As some of the pp posters said only you can end your mat leave and we normally assume you would be taking the 52 weeks unless told otherwise. So you can give your notice and say that your last working day is when your maternity leave ends and then HR will pay on your last payslip any outstanding holiday entitlement up to the day you leave.

I don’t think this would really vary per company as you already said you don’t have to pay your maternity pay back.

If your mat leave started on the 1st July then your end date is 30th of June.

You can also do the same as the pp said and finish mat leave use holidays untaken and then leave and whilst that you still accrue holidays but depending on how much you have this may be minimal gain.

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