2 quick questions about maternity leave....

[glittercaz]

Hi all,

Some quick advice would be very much appreciated!

Firstly, I've heard a lot of people on here talking about accruing holiday while on maternity leave....my entitlement runs from January to December. I know what I'm doing this year, but what happens next year? Presumably the holiday time is unpaid? The SMP calculator I used didn't ask anything about holidays and says my SMP ends next May, so I presume holiday time gets 'tacked on' after this?

Secondly (and much more simply), I know I am entitled to a year off in total. When do I legally have to give my employer notice of intention to return to work (or not) etc?

Thanks so much in advance xxx

ps - I think the answer to the second question is 8 weeks (set me straight if not), but still stuck on the first one! x

Hiya

If you're taking the full year, you don't have to let them know when you're coming back, but it's probably a good idea .
If you want to go back early (heaven forbid) you're supposed to let them have 8 weeks notice.

As for holiday pay, with my dd, it all got added on at the end of the statutory payment period, which was nice! You do accrue the holiday pay whilst your off, but I dunno what the official line is on when it should be paid...

Right. How holiday is dealt with depends on your employer. My leave year also runs Jan=-Dec, so I took the leave I was entitled to to Dec at the beginning of my maternity leave, and the leave I'd accrued from the beginning of the year (with a bit from the previous year) I used to go back p/t (i.e. it was added on to my leave entitlement for the next year). Or you can take it to extend your leave before you return to work.

You need to give 28 days notice to your employer, but if you are planning to go back I would recommend keeping in touch and letting them know your intentions before that as it will make your return easier.

oops it is now 8 weeks (used to be 28 days) and you have optional work days as well

more info here www.dti.gov.uk/employment/workandfamilies/maternity-l eave-pay/guidance/page21116.html

Does your employer have a maternity leave policy? Worth checking out, esp if you get additional benefits

my son was born before april 1st 2007 so the old rules apply. ive only got 9 weeks paid leave left. my companys not expecting me back untill the full year (6months unpaid) if i wanna go back sooner i have to give 28days notice. hope that helps

thanks for this. so i have to tell my employer 8 weeks in advance if I wished to go part time? x

Asking to go back p/t is another matter - that's flexible working rather than return to work IYSWIM. Again, your company should have a policy. I had to fill in a form to request new hours, stating what I'd do to work round any effects on colleagues etc. They have to consider flexible working but they can turn you down.

In regard to accruing holiday while on maternity leave - Employers in the uk are not allowed to treat women on maternity leave any less favourably than other employees therefore you should be entitled to all the same benefits, that includes accuring paid annual leave . Also good to know that if you have a tie in period you have to work after maternity leave to "pay back" any occupational maternity pay, then if you take this accured leave at the end of the maternity leave, it should count towards the period for the time you are required to work.

The 10 'keeping in touch days' during your maternity leave is an interesting idea.
I've already told my boss I'm pg, but will be formally notifying him in writing in the next few weeks, as well as confirming my intention to go back part time, and asking for clarification on company policy.

I wouldn't mind working 10 days during my maternity leave if it meant I would accrue 10 days leave in lieu of them. 10 days extra leave would certainly come in handy after my maternity leave has ended.

Out of nosiness, does your company offer a good maternity package? I get 6 months at full pay, then an optional 3 months at the statutory rate, followed by an optional 3 months unpaid.

Hello in regard to requesting to return part time, employers have a legal right to "reasonably consider" this but are not obligued to accomodate your requests, if they can evidence a business reason why it wouldn't work. If there is someone in a similiar position that is part time or in a job share it can be good to mention that in disucssions to support your request...

Good luck with it, not all employers are that accomodating though, my boss has already told me that when I come back from maternity leave, there's no point me even requesting it as she won't sign it off - and I work in HR!

If you decide not to go back at all, you are meant to give your normal notice period. It is really just a resignation, so you give the normal notice that you would give to resign.

Holiday can be treated differntly in OML and AML. In OML it should be full contractual holiday. In AML, it can just be statutory minimum holiday. Most employers don't apply the normal holiday year and let you carry some holiday over until you come back(e.g. if your leave goes over the end of the holiday year, you don't normally use the balance) but you have to find out their specific rules.

Hope that helps.