AIBU to take my annual leave

[MrsShepherd]

Having some trouble with my employer in trying to sort out my RTW post mat leave and was wondering if anyone could help. AIBU probs isn’t the place for this but just despo for some advice!

The background is that I went on mat leave in July 22. In July of this year, I contacted my work to tell them I didn’t want to come back - they offered to extend my leave (unpaid) for another six months. Great! Very appreciated and flexible where they didn’t have to be.

Six months rolls around and I’m due back in January. With all annual leave from 22/23 and my allowance for the next year - I have around 80 days to use in total.

My initial request was to use one day per week and drop to part time - so 3 days per week for the first year near enough. They declined, reasonable enough - it would be unfair on the rest of my team to try and support that working pattern.

my next request was to use my leave in one go at the start of the year - taking me up to the end of march. Again this has been denied - my work are asking me to be paid the leave rather than take the time, and have said they’d allow me to have January off on leave before coming back.

the trouble is that I really don’t care about the money. The time is what matters and it doesn’t appear there’s any way I’d be able to take it. the only solution they’ve offered js to use it to get paid for a five day salary rather than the four I was planning on doing.

im not sure where I stand with this - legally, ethically. It’s complicated by the fact that the last six months leave have technically not been mat leave - so I’m not sure I have the protection I would have done had these conversations been had in June.

im aware im incredibly lucky to have been able to have had an additional six months with my baby. My work have been great in most respects and really flexible. But this just isn’t sitting right and before I challenge it I need to know where i stand.

Any advice on what to do, who to contact? Been trying to get hold of the pregnant and screwed helpline but impossible to get through!

TIA!

I'm not lawyer nor HR expert, but ethically (see as you have asked), they've effectively given you an extra 6 months of annual leave already.
I can't believe you are now trying to take the mick and insist on having more.

You say you don't need the money - resign then, and pay back everything you owe them.
What employers (and presumably your colleagues) need is a person getting the work done.

So they are letting you use some of it to have all of January off? But you also want Feb and March? Having already had 18 months off?

They are also letting you come back 4 days a week and will let you use your accrued holiday to be paid full time? Were you full time before?

I mean, it sounds to me like they have been incredible to you.

You’re taking the proverbial.

I agree I’m not sure what you hope to achieve - you have messed them about and think you are ‘owed’ something?

Wow

I think you are in danger of pushing them too far. If I were them, I'd be hoping you'd be showing some loyalty by now. It seems obvious that you still don't want to come back.

You can't really think it reasonable to take another 3 months off, while still accruing even more annual leave?

Having said that, all of this is irrelevant without the advice of an HR expert. Did you have a written agreement of the terms of your 6 month sabbatical?

Personally I think you are being cheeky. I would also say that it’s unreasonable to at least ask to take the AL days from 22 as it’s so long ago and I would just get these paid. Your employer has been more than generous

You don’t get your 2024 allowance on 1st January (if your holiday year goes by the calendar year). You have to accrue it.

Anyone who leaves a job will have the cost of their holiday deducted from their last pay if they have taken more days/hours than they have accrued when they leave a job.

In the opposite way if you have accrued it and not taken it you will be paid the equivalent of those days/hours in your last pay

Well that’s how it has worked in any company I have been at

Regardless of that I agree with others that you seem to be pushing their goodwill

Are they paying you for the additional 6 months? If yes, and it's some kind of leave, then you may have a small leg to stand on. If not and it's unpaid, you can't then accrue that time off. Also, it's desperately cheeky.

they haven't though
annual leave is paid
they gave OP 6 months unpaid leave which sounds really like it would more accurately be classed as a sabbatical or career break than leave, whether annual/sickness/maternity or otherwise

of the % of the 80 days you accrued when you were actually on mat leave (so 30 odd) they can't ask that you work them and get paid it, it's leave for a reason so I would hold tight on that and try and work something out
of the % that is for the new year you haven't actually accrued them yet so not even sure why they are part of the equation
and to get up to 80 it sounds like they've also included days when you were on "unpaid leave" which honestly I don't think you're even entitled to and is really unusual - if they are including those I would agree to whatever they want because tbh you're incredibly lucky they are giving them to you!

Do you think you've accrued annual leave when you were off for 6 months unpaid? Really you should've taken your annual leave at the end of your ML (july23) and then took the rest as unpaid, then return in January with a clean slate.

With all annual leave from 22/23 and my allowance for the next year - I have around 80 days to use in total

Are you sure you have that much leave? I would think you only have six months leave for 2023. The last six months were not protected as they were not official maternity leave. In essence, they were a six month break. It would be unusual to accrue leave in that situation.

And it really is taking the piss for them to give you all that time off and for you to look for more before you've even started back!

Interesting to get a different (and virtually unanimous) perspective on this. It’s undoubtedly what they’re thinking of me at work too!

I know I’m very lucky. They’ve been very good to me. But I was just surprised - I had been told prior that I’d be able to tag them onto my mat leave. Hence me working up to my due date. Possibly this applied before the unpaid!

I carried over basically all of my leave before going on mat leave - but yes, they told me (I didn’t ask) that I would continue to accrue AL whilst on unpaid leave. I’m not bothered about those days - I didn’t earn them. But there’s about 50 that are from my mat leave and accrued bank hols.

I think problem is that you didn't use your accrued holiday leave at the end of maternity instead handed notice in. You should have used the leave then handed notice in then took 6 months unpaid.

I think its reasonable they have offered to pay you five days and only work 4 days.

Sorry but you're taking the mick. An organisation doesn't stop running because someone has a baby. Your baby is the most important thing in the world to you but with all due respect means nothing to your employer. They need the work doing.