Holiday pay during matenrity leave...

[jaabaar]

Hi,

Just a quick question:

Started matenrity leave 11.1.2010.
As I was not able to carry over holidays agreed to cut my maternity leave short and take holiday from the 29.11 and go back to work on the 11.1.2011.

Thought I was entitled to 28 days paid holiday. (the minimum 20 days plus the 8 bank holidays).

Now employer paid me my december wage ignoring the two days 29 + 30 Nov.

Am I entitled to the paid 8 days holiday taking into consideration my above maternity dates??

Really would appreciate any feedback. My company ALWAYS tries their luck.... had to fight for every single right during my maternity leave....

Thanks

Ask for clarification. My understanding was that I accrued holiday for 9 months but the last 3 months I had off were additional leave (unpaid) and so wasn't calulated in. This meant I actually got 22.5 days not 25. I also didn't get bank holidays included. My company always aimed to give the minimum.

Ask HR to check for you. Good luck.

You are entitled to accrue contractual holiday pay for your entire maternity leave period even if you take the full 52 weeks, whether paid or unpaid. This was a change in the law in 2008, before then you still accrued statutory minima in the final 26 weeks. There is, however, legal uncertainty over carry over of leave so you may have lost some of your leave if you went over the end of a leave year. Good employers often allow carry over for maternity but many do not.

BEFORE my maternity leave I made all this points clear. They told me that I cannot take over the days and it was tought luck my baby was born in Jan.

So with the help of ACAS I pushed for the solution that I stop my maternity leave 28 days before the year ends and get paid for those days instead. Now they refuse to pay the 8 days..... AGAIN.