holiday leave after maternity leave

[feellikescreaming]

I went on maternity leave in March and it was agreed that i would have my 3 weeks of accrued holiday at the end of my nine months leave, however my manager refused to put anything in writing for me saying that he didnt need to. This manager left while i was on leave and at the end of my maternity leave i handed my notice in but they havent paid my holiday leave. I contacted my team leader who has said it has got nothing to do with him and the new manager is saying theres nothing he can do, im stuck now as to what my rights are as i have nothing in writing from when my leave was arranged. I couldnt take my holiday before maternity leave as they gave my colleague a month off and there wasnt time after she returned.

What's your holiday year run from / to?

You continue to accrue holiday throughout mat leave so are entitled to be paid for anything not taken if you are leaving employment. It's nothing to do with whether you've been able to take it and why. Just as anyone resigning would be entitled to receive pay for any holiday they've accrued and not taken, so are you - the fact you have been on maternity leave makes no difference to that.

When you say your manager says there's 'nothing he can do', what's he actually disputing? Is he saying you don't accrue holiday during maternity leave, or is he saying that anyone leaving employment doesn't get paid for holiday they've accrued and not taken?

Hi Flowery - just to clarify, if you do not intend to return to work you should still be paid for the holiday you have accrued while on maternity leave?

Yes absolutely snowfalls. There's no difference between one leaver who has been in the office for 9 months and taken no holiday and resigns and a woman who has been on maternity leave for 9 months and then resigns. Both are entitled to be paid for holiday that has been accrued but not taken.

Great! Fantastic news.

Flowery is that always the case? We require our staff to take their leave before their end date if they resign and we dint offer payment unless we've prevented leave. However if a person has had no opp to take their leave because of sickness or ml, we allow carry over when they return or make payment if they resign.

the holiday year runs from january to december, both my managers are saying its nothing to do with them and to speak to hr which i have done but they say as i had nothing in writting from the previous manager there might not be anything they can do now.

Is the issue that they won't allow you to carry forward holidays accrued last year into this year?

Sorry, have just re-read OP - was distracted by potty training toddler!

hairy yes it's fine to require staff to take holiday during their notice period rather than paying them on top of their notice period, because they are still getting their entitlement.

feellikescreaming you don't need anything in writing. It's not extra holiday your manager said you'd get, it's just your normal entitlement. Ask HR to specify what the issue is, are they saying that a) they don't think you accrued it in the first place or b) they think you've already taken it.

Once they specify what the problem is you ought to then be able to resolve it.

flowery thanks and phew!