Is my boss allowed to do this?

[katrogers6]

I went on maternity leave at 32 weeks (now 34) due to struggling with work because of sciatic pain. I informed my boss I wanted to take my 4 weeks holiday that I had because I’ve saved them this year to add on to maternity leave and then start my official maternity leave on the 5th September. I’ve just checked my pay slip and he’s just started me on SMP instead of giving me my 4 weeks paid holiday (that I’m pretty sure I’m entitled to)
Which means I’ve just lost 4 weeks of holiday pay and some desperately needed cash.

Had they agreed that you could take the holiday at this time? If so is it an error? Do you have an HR department?

IMO no, your boss shouldn’t have done that. Do you have proof that you requested your 4 weeks holiday and they were approved?

I'm pretty sure they can only start your maternity leave automatically if you take sick leave during the 4 weeks before your due date, so doesn't sound right to me.

Sounds like a mistake. He will have to let you tag that holiday on the end of your mat leave or somehow pause your mat pay (not sure if / how this can be done).

It’s just a small restaurant I work for so no HR department. When I asked my boss if I could take the 4 weeks holiday I was told yes, I’m entitled to them so there’s nothing he can do about it if I did take them.

The main problem I have with this is I was due to go back to work May next year which would make it the start of a tax year and would mean those 4 weeks holidays are just lost. I’m also obviously not over the moon about having 4 weeks less to spend at home with baby. I have my request to take my holidays and start mat leave on 5th September in writing so yes I do have proof. Also as far as I’m aware there’s no way to pause maternity leave.

You can't lose your holiday, it will have to be taken at the end.

Sorry if this is a stupid question, but it's definitely SMP that is being paid, not SSP?

@katrogers6 ring maternity actions helpline - 0808 802 0029 to understand what your boss should and shouldn't have done.

I still accrued my holidays whilst on mat leave so I took 9 months mat leave then was officially back but was actually on holidays for a month. Once I cam back from that I started my new part time contract.

I work for a big company so may be diffferent, but I was told accrued holiday had to be taken at the end of maternity leave and couldn’t be taken at the beginning?

Agree with PP that you can't lose annual leave... they have to carry it over www.equalityhumanrights.com/en/managing-pregnancy-and-maternity-workplace/faqs-employees/during-maternity-leave-leave

Although I know that's not what you wanted to I second the idea to call maternity action, they helped me when I was pregnant and they were brilliant. Saved the day for me!