Holiday pay and 2 lots of maternity leave

[ModreB]

I know that the holiday pay and maternity leave thing has been done to death a bit, but this is a strange situation.

A staff member who I manage was suspended for a substantial period of time, reinstated, came back to work for 1 week, then went on sick leave long term (6 months), then came back to work for 1 week, then went on maternity leave. Unfortunately her DC died shortly after birth.

She remained on maternity leave for the full 12 month period, during which time she became pregnant again. At the end of her 1st lot of maternity leave came back to work for 1 week, then went back on 2nd lot of maternity leave, gave birth and fingers crossed all seems well this time around.

My question is, she had now accrued 2 years worth of holiday entitlement, which she has had no opportunity to take. This amounts to 60 days holiday. We are now at the point of the new holiday year, and I am not sure whether I should carry the whole lot over, add it to this years holiday giving a total of 90 days for this year, or what. BTW she is not due back from this lot of ML until November if she takes the full allocation.

HR have been rubbish, they are unsure what the position is WRT back-to-back ML despite me hassling them for the last month, but I need to get this sorted this week asap!

What is your usual policy on carrying over holidays?

It's discretionary, but I have another lady on ML who has 6 days to carry over, which we will allow.

It is normally on a case by case basis but I am not sure if a precedent has been set as we have allowed the full allowance to be carried over last year.

I would carry it over if she has had no opportunity to take it.
If she had had some opportunity to use it and hadnt then it may be a different situation, but I'd either carry it over or pay her the money if thats impractical (ie there will be no opportunity to use that many days holidays going forward).

Well, she could have started ML later, as it was started at the earliest possible opportunity, and used hols to not actually be in work, or she could have come back earlier and used hols so wasn't actually in work IYSWIM.

My other lady did use hols to take time off before ML kicked in as she wanted the maximum time possible off after she gave birth, perfectly reasonable as far as I'm concerned, and the arrangement to carry over leave was agreed in advance, whereas in this case as she has not, in effect, been in work for the majority of the last 2 years it has been a bit difficult to have a discussion with her. She also wants everything in writing and no direct contact due to the issues around the suspension (which was before I managed her). KIT days were offered but declined.

We also have other members of the team who have hols that are not being allowed to be carried over, as they just couldn't be bothered to sort out taking the time off.

We are very flexible with regard to taking AL, I see it as a right not a privilege but I do think that 3 years allowance in 1 year is too much, but I also want to make sure that I am fair to her.

I actually thought that annual leave entitlement would be carried forward in this situation.

I was told use it or lose it when I worked for civil service. They wouldnt pay me for it either