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Holiday accrued after Maternity Leave

17 replies

croft85 · 01/02/2022 12:25

Sorry if this is the wrong place to post this question (and if it’s a silly question too!) but I have a call with my boss later and need to clarify something!

I’m finishing maternity leave in March and going back to work. I will have accrued 25 days holiday and to start with only going back 2 days a week.

If I want to use my holiday on the back of my maternity leave - does this mean I essentially can have another 12.5 weeks of maternity leave!? If only doing 2 days a week and have all those days to use. I’m confused - maybe it doesn’t work like that.

Thank you! X

OP posts:
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user1471464218 · 01/02/2022 12:35

Have you reduced your hours to only 2 days per week?

If so, then yes you can use your leave that way. My employer let me use most of mine in one go to do that when I returned to work during winter but not when my return date was summer (more popular holiday time and unfair for one person to hog all the leave as we are only allowed a certain number off at a time.)

I was allowed to carry leave over too.

If you're doing a phased return, for example in advice of occupational health, then it costs you the full amount of annual leave to get off, not just the reduced hours.

Notbluepeter · 01/02/2022 12:48

You accrue leave at the same rate as whatever your contract was during your leave. So yes you could have a big chunk to take if you've gone down to 2 days.

Mimba1 · 01/02/2022 14:12

Sorry but it doesn't usually work that way. You'll probably go onto the 2 days a week after using any accrued leave. Your employer could agree to you having 12 weeks off but they are unlikely to do that and don't have to. They do however have to let you take your accrued leave. More likely you can take the 25 days on whatever contract you were on (and be paid for that of course) and then reduce to 2 days a week after. You'll need to talk to your employer about what works for you and them - they may have a policy already in place.

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GuidingSpirit · 01/02/2022 14:19

Yep it can work like that! I have around 40days AL accrued as pre mat leave I was full time and carried some holiday over from during the pandemic. My mat leave officially ends at end of march. From start of April, i have dropped from full time to 3 days a week. Ive then booked 20days worth of AL, which is 6.5weeks ish so that i dont actually go back until late May. That was a bit of a compromise with my team so im not taking the full 40days in one go and as others have said, it's before prime holiday season. Is there an HR person you can check with?

MariaDingbat · 01/02/2022 15:14

Don't forget you are probably entitled to any public holidays that fell during your mat leave, I had an extra 12 public / privilege days to take on top of my leave days after 1 year of mat leave.

MariaDingbat · 01/02/2022 15:17

I've just started back full time but with all the leave I'm taking a year of 4 day weeks.

NorthFacingGarden · 01/02/2022 15:21

The alternative would be to “officially” end your maternity leave earlier (say February) but don’t actually go back or change to part time until March. So then you could use your annual leave for February and be paid as full time.

tealandteal · 01/02/2022 15:22

It depends on what you have agreed. If you have agreed to start you 2 days a week on a certain day and your employer agrees to let you use your accrued leave in one block you could be off for the 12 weeks while being paid on the 2 day/week rate. Or you could use it before you change to 2 days a week and have some time off on full pay. Or you could technically stay at full time and take 3 days of annual leave per week for a few weeks so that you work part time and get paid full time for a few weeks.

ReginaaPhalange · 01/02/2022 15:26

With my work (NHS), I finished up on maternity leave working full time 37.5hrs. When I go back, I will have leave and I have to use this as if I was still working 37.5 hrs. Then when I physically go back to work, I will then commence my reduced part time hours - 22.5hrs.

IbizaToTheNorfolkBroads · 01/02/2022 15:35

Yes, that’s what I did OP. I went on May leave and accumulated annual leave as a full timer.

My employer have me the choice of staying full time and having full time pay and taking my accumulated leave over full time hours.
Or, to go PT at the end of mat leave, go on to PT pay and take my leave over PT hours, which made it cover a much longer period.

I took the later option.

soughsigh · 01/02/2022 15:41

My company's maternity policy states that accrued annual leave just be taken before you return to work, presumably for this reason.

Check the maternity policy. Ifvthete isn't one, I would check with hr/your line manager.

marqueses · 01/02/2022 15:48

You really need to find out your employer's policy, don't assumed it will be the same as another employers on how you can take the leave.

BernadetteRostankowskiWolowitz · 01/02/2022 15:50

How many days a week do you normally work?

Lochroy · 01/02/2022 16:00

When you use AL entirely depends on your employer. I have friends who were allowed to use AL accrued on mat leave to have every Friday off. I had to use mine on one block at the end of the mat leave, effectively extending it by six weeks.

Yous situation sounds like you weren't only two days a week previously? So it's more complicated. If you've accrued the leave on a five week schedule, you might have to use it as a five week block before moving to the two day a week schedule.

One to check with HR.

WhiteHorse92 · 01/02/2022 17:01

As others have said it probably depends on your employer so better to ask them. I work for the NHS and I was told if I return part time I don't get to keep all the annual leave I've accrued. I wanted to use my 38 days to have another 7 weeks off after mat leave ended and then go part time 2 days a week but I've had to return 'full time' and use my annual leave 3 days a week to work 2 days a week and then officially go part time in the new tax year. I get paid full time up until 1st April and my leave stretches out until then so it's worked out OK anyway I guess.

croft85 · 01/02/2022 20:13

Thanks so much everyone - so helpful. I had the chat with work and it seems it’s different depending on company etc like a lot said. I was 5 days pw before baby and my company want me to take my holiday accrued in a block at end of mat leave. So an extra 5weeks. Then I will go down to 2 days. Would rather take the leave on my 2 days a week giving me lots more weeks as not ready to leave my bubba :( but hey ho.
Thanks so much!

OP posts:
BernadetteRostankowskiWolowitz · 01/02/2022 21:02

So you will become a part time employee doing 2 days per week on a reduced salary that reflects that?

It makes sense therefore to use the annual leave before it and get the full pay.

I'm not sure they can deduct it from you though once you start on a part time contract but they'd be daft to allow you to carry it over. Makes sense they want you to use it up whilst still a full time employee.

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