Maternity leave question

[karenlisast]

Hi all
I am aware that this is probably a very well-trodden topic, but it's my first post here.

I work for a small 8-person UK company (with a large US head office), and I'm the first person who has worked here and been pregnant, so the knowledge is either very American (no maternity leave) or a bit under-educated.

I've been trying to do a bit of research myself but the internet basically says a bit of everything, so I was hoping someone here might be able to shed some wisdom on my situation.

I'm not due until March 2, but my family is in the US so I was going to go home for my whole maternity (and possibly stay after it's up, TBC). I am flying on the 3rd of December, and I can start my maternity from the 15th of December using holiday to cover the 8 days in between.

My contract allows me 28 days holiday, but that is inclusive of 3 days over xmas and 5 bank holidays and an additional 20 days (from Jan - Dec).

I was under the impression that the 5 days (3 days holiday and 2 bank holidays) over xmas would accrue as holiday (as part of my statutory 28 days), and I could take them ahead of leave or after leave. I've asked my boss if I could take those 5 days ahead of leave (i.e. my official start to maternity leave could start 22 December). My boss is under the impression that as these are bank holidays and 3 enforced days over Christmas, that I cannot use them as anything other than that (e.g. cannot use them ahead of my leave).

The second question is about holiday accrual generally - I am unsure whether or not I'll be returning to the UK at the end of my maternity leave, would it be advisable to take the accrued holiday pay ahead of my leave or at the end (from a policy / experience point of view)?

The feeling in my office isn't very pro-pregnancy, and as it's an American company it's very anti-SMP and the whole idea of it. They're trying not to pay me anything at the moment so I just want to make sure I know my rights.

Sorry I'm not much help with the rest, but I get 24 days holiday, not including bank holidays and would of had to use 4 of those days for Christmas but my boss has said I'm entitled to them as holiday.

You are entitled to take them before, get paid of roll them over. I'm using my Xmas break bank holidays right now, before SMP starts Monday unless I give birth before then at which point SMP has to start and I'll have to be paid for them.

Yes, you are entitled to take the Christmas days and bank holidays. The legal minimum holidays is 28 days (including bank hols) so your company must let you take these before your mat leave else it will count as discrimination (they would be doing you out of your statutory entitlement because you are pregnant). As for accrued hols after your leave, it's totally up to you - sorry, not very helpful!

thank you everyone! that's exactly what I thought... it's my first pregnancy so I can't pretend to have tons of experience in all of this, but it's so difficult when you feel a negative attitude around it - it doesn't quite take the shine off being pregnant, but it makes me feel edgy about discussing stuff at work.

Has anyone ever taken holiday upfront (e.g. the holiday I'll accrue from Jan - Dec when I'm off on maternity leave) or is it best to take it at the end? I'll probably end up taking it as a lump sum which I think it possible... headache!

I really appreciate all of you taking time to answer though, and thanks for the link! I feel much better now :)

You accrue holiday as normal and can't have any of it taken away from you just because you don't happen to be at work when you'd normally take it, however your employer isn't under any obligation to let you take them before you go on maternity leave. You can't be denied them altogether though, so if he wont let you take them before, you'll need to take them after, or get paid in lieu if you leave employment.

If you might not come back after leave, make sure you hand in your notice to finish after taking the full year maternity leave, to make sure you get a full years holiday entitlement.

If you don't return after your leave, do make sure that your contract doesn't mean you have to pay the company back any money. Best to check in advance.

Hello - firstly congrats

As other posters have said you accrue holiday (bank holidays and other statutory leave) during your maternity leave. Legally, an employer can only pay you a lump sum in lieu of those days on termination of employment - so they can't pay it to you in a lump sum instead of letting you take it.

Practically this means that most employers allow employees to take some annual leave both before and/or after they start mat leave.

If you are unsure, google acas and give them a call. They give really good impartial advice and were amazing when I called with maternity issues.

I would swot up on your rights-as pp has stated try acas.
I am a nurse in NHS and although we accrue our annual leave during maternity this is less any bank holidays that occur during maternity leave and being a government organisation they will have to ensure everything is to the book!
Worked out well with DD1 as I had 37.5/week worth of holidays calculated over 5 months (less bank holidays) even though I only went back on 20 hours-was off loads!

However the bank holiday thing may he different in hospitals as we are shift workers and don't automatically get the bank holidays off and because we get will over the legal annual leave requirements x

They can only dock off the bank holidays if you would still get 28 days without them though x

You are entitled to use your holiday before your leave starts. I left last year on the 20th December and used a combo of weekends, bank holidays and my annual leave so that my leave didn't start until 17th January.

At my work we have to take any holidays accrued up to when we go on maternity leave before our maternity leave kicks in, and then anything we accrue whilst off on maternity leave (including bank holidays) has to be taken at the end of our maternity leave, before we return to work.