Should pay rise be included in annual leave/maternity?

[Cocktailsandcats]

Hi all,

I'm not sure where to put this so feel free to tell me to write it elsewhere.

I am on my last week of maternity leave. I am taking annual leave from next week until August. The Government brought in a minimum wage for Msc graduate employees which I completed in December (while on maternity leave). I emailed my HR department today to arrange my date to return and to send them a copy of the qualification (they knew I had completed it but I only sent cert today).

They have said my pay will increase upon return. I had hoped my annual leave pay would include the increase. Am I unreasonable to think they need to pay this increase in my annual leave rate?

(My company is not short of money and have been in trouble with unions in the past for trying to get out of fair pay deals so I want to be sure)

Under the Equality Act, an employee must receive a pay rise at the time it would otherwise have been awarded had she not been on leave, and her contractual maternity pay must be “subject to” the pay rise.

with regards to holiday, that is paid at the rate you’re paid when it’s taken.

So as long as you’re certain the pay rise is a contractual / legal entitlement I’d definitely challenge it as it should have been awarded in December.

I wasn't paid while on maternity leave by employer so that's ok but I'm hoping my annual leave is at the higher rate

I'm 100% that the law is set for it being a minimum requirement whilst working but I wasn't sure this related to annual leave after maternity

Is this annual leave from last year though? The leave relates to the period you've been off, not the actual period you're taking it. So if it was me I'd assume I'd be getting my annual leave at the rate I was being paid when I accrued it, not the rate I'm going up to. As of today when you've sent it in, you haven't accrued any annual leave since they received your certificate. That's what I'd assume anyway.

My annual leave has been built up since last August and I received the qualification in December but I know I probably made the mistake of not sending the cert to them until today

I'd personally assume it was at the old rate. It was accrued before today, and the cert was only given today. Having said they, there's no reason for them not to recognise the cert from Dec accrued hols, so I'd check with them.