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Pregnancy

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Original poster

Can my employer force me to take hol before maternity leave?

23 replies

User000111 · 05/06/2022 19:34

my employer wants me to take the holiday I will accrue on maternity leave before I go on maternity leave, am I obligated to do so? I would prefer to take it at the end. Any advice would be great 😊

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arecklessmanor · 05/06/2022 19:41

It does not make any sense, what if you decided not to go back to work? Ot changed the duration of your maternity leave?
I can understand them wanting you to take holiday accrued before your maternity leave before you go off (although I was allowed to carry over some leave). But you can't use up leave you haven't even accrued.

Hopefully someone with actual work experience of this will reply soon!

GrowBabyGrow · 05/06/2022 19:43

I think they can do that (ACAS advice here: www.acas.org.uk/your-maternity-leave-pay-and-other-rights/holiday-and-maternity-leave) but maternity leave has to start when baby arrives and they have to let you carry over all accrued leave so you can't lose it.

It's a weird decision on their part though as the amount of leave you accrue is completely dependent on maternity leave length and that's something you can change your mind on (with 8 weeks notice). Like you say, it's better if you use your accrued leave at the end of your maternity leave (ie end your mat leave and switch to AL). Better for you too as even if you just get stat annual leave allowance that is an extra 4 weeks of full pay (plus accrued bank holidays)

Original poster

User000111 · 05/06/2022 19:48

@arecklessmanor @GrowBabyGrow
Yeah it's a really strange situation, at first they were saying even if I agree to take it and then I go into labour early I would lose it all and they will not allow me to carry it over, I had to find out all my rights and go back to them and say no they can't take my holiday away from me! It's been such a headache and a stress. I don't understand how it benefits my boss or my workplace in anyway, seems like they're just trying to be really awkward and make it difficult for me. As you say I may chose to extend my maternity leave or shorten it so how can I take it before!

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Metabigot · 05/06/2022 19:52

HR bod here. Employers can tell staff when to take leave but if they are treating a pregnant employee differently to other employees its a no.

Is anyone else ( not pregnant) being made to take leave by a certain date ? No? Then it's discrimination.

Original poster

User000111 · 05/06/2022 20:02

@Metabigot thank you so much for your reply. I have never in my 7 years of working there known a member of staff to have their annual leave decided by anyone other than themselves. I am the only one who's been on maternity leave with this company and the only one to have my annual leave dictated by them x

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XrayFish · 05/06/2022 20:08

I think they can make you take pre-maternity accrued holiday in the 'correct' holiday year, excepting if you go on mat leave early so can't take as planned. they must let you carry over statutory/company holiday that's accrued on maternity, anything else (accrued before leave starts) is generally use it or loose it so that still applies. You're entitled to any normally allwed carryover on top of this. You can't take anything that would fall in the next holiday year this year anyway, so they definitely can't force that.

Original poster

User000111 · 05/06/2022 20:14

@XrayFish yeah I definitely expected to have to take any holiday accrued before maternity before I go, but wasn't expecting them to request I take the whole year before I go. Thank you for the reply, that's what I was thinking the situation should be x

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XrayFish · 05/06/2022 20:50

And you get bank holidays too (because you couldn't take them when you should) unless you're in a job that doesnt get bank holidays off (then they're already in your annual leave).

For what it's worth they can't make you take all your leave when you return either, only that which was accrued in the previous year (or any other existing rules like x days per quarter). I think they have to let you take all the accrued leave if you want to though (although I might be wrong on that point, could have been a company policy)

Tee20x · 05/06/2022 20:56

Are you sure they didn't mean force you to take all your leave in the current leave year before going on maternity leave?

When I went on mat leave I did that - was on AL for a month, then maternity for 11 months & then used my accrued AL and bank holidays while on mat leave to take another month or so off, along with a few days carried over.

Original poster

User000111 · 05/06/2022 21:12

@Tee20x yes they want me to take any holiday I will accrue during this holiday year before I go, but as far as I'm aware they can request it but cannot force it as I have the right to carry it over and take it on the end of my maternity should I wish to do so x

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Original poster

User000111 · 05/06/2022 21:16

@XrayFish my bank hols are included in my holiday days luckily as I'm sure they'd try not pay it to me otherwise 🤣
I hope to tag it all on the end of my leave to spend more time with baby as I hope to still be breastfeeding ect so don't want to worry about pumping and stuff when I return. But I can imagine they'll make it difficult for me no matter what I chose now!

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Cas112 · 05/06/2022 21:35

No they can't, you can add the holidays onto the end of your maternity or the beginning. Your choice

MrsMAC1234 · 05/06/2022 21:38

If your holiday year is Jan-Dec and you won't be back at work until after next Jan as I understand it you can be made to take all your holiday in this year and only carry over anything you would ordinarily be allowed to carry over.
And if your baby arrived early you could potentially lose those holiday days as your maternity leave would start.

Original poster

User000111 · 05/06/2022 21:40

@Cas112 thank you, I believe that's the case too! It should be the woman's choice!

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Original poster

User000111 · 05/06/2022 21:41

@MrsMAC1234 I have rang citizens advice and acas and they have assured me at no point can I lose any holiday, that would be maternity discrimination. You must be allowed to carry it over if it's unused due to being on maternity leave. I'm just unsure if they can dictate when I take it x

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MrsMAC1234 · 05/06/2022 21:47

From the ACAS website:

"You should usually take all your legal minimum (statutory) holiday in the holiday year. But if you're unable to use it because you're on maternity leave for a whole holiday year or most of a holiday year, your employer should allow you to carry it over."

I interpret that to be you don't have to be allowed to carry it over unless say you were off for 11months in any given holiday year and you were unable to take it all because it says you should take your holiday in the holiday year?

Original poster

User000111 · 05/06/2022 21:50

@MrsMAC1234 yeah I read that too, but when I spoke to acas directly they said there's no way you can lose the holiday as that would be discrimination, and that although you should usually take it within the same holiday year there are exemptions in place when it comes to maternity leave. Basically it's not law that they let you carry it over but should they refuse to it would be a good case for discrimination if that makes sense x

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MrsMAC1234 · 05/06/2022 21:51

And you can be forced to take annual leave but you have to be given twice as long in notice as the amount of leave you are being asked to take, so 4days notice for 2days off, but most employers would only do this as a last resort.

Original poster

User000111 · 05/06/2022 21:54

@MrsMAC1234 as the above poster said they can only force me to take holiday if they are forcing other (non pregnant) colleagues to do the same, otherwise they would be treating me differently purely because I'm pregnant and going on maternity leave

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AndSoFinally · 05/06/2022 22:03

If your leave year runs jan-Dec and you're going on mat leave in June, I think you can be asked to take half your annual leave (the part you've accrued between jan and the start of your mat leave) before you go. They can't ask you to take the second half that you've not accrued yet

Original poster

User000111 · 05/06/2022 22:05

@AndSoFinally that's what I was expecting, and I've offered to take the holiday I accrued before my leave date before I go but my boss is insisting I must take it all 🙄

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AndSoFinally · 05/06/2022 22:10

No you can't be made to do that. How early would you be going on mat leave? I went at 36 weeks, so if I'd been asked to take leave first I'd just have gone at 39 weeks for example. It makes a difference in that the baby might come earlier (but your leave would definitely carry over) and that you don't get paid again by taking annual leave at the end of mat leave, until after you've started back, but otherwise it doesn't make much difference as long as you do return to work

Original poster

User000111 · 05/06/2022 22:14

@AndSoFinally I'm aiming to work until my due date (which isn't far off now) as I'm feeling fine so far and am keeping up with my work, if not doing extra work also. I don't think they like the idea of me working to my due date so they're trying to force me to go off earlier 😬 x

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