Owed Annual Holiday while on ML

[rebamummy]

While still at work before my ML, i booked off all of my Annual Holiday leave which im entitled too. While still at work i was asked, if i didnt take all of my holiday i would be paid. Which i did not agree to as i didnt feel it was right for them to ask me not to take all of my holiday. It was suggested by my MW for me too leave earlier than i had planned due to health problems. Which at this point i left before i managed to take my last 10 days holiday. I put in for the last 10 days holiday as pay, which come pay day i didnt receive and i had to imform my boss and ask why, i was told, any un-taken holiday is usually paid at the end of the year but if it helped i would have it paid when my pay goes to SMP? Im very confussed now as i have been reading up about this and its telling me that as they have said they would pay me the holiday that it should be as my normal hourly rate not my SMP. Has anyone else had this? Can anyone help.

Does he mean that it will be paid at the usual rate, but at the date that your pay drops from an enhanced rate to maternity pay to SMP? That would "help" as effectively they would be paying you a "bonus" as your income drops, rather than paying it now.

Ask for clarification of what he meant.

Your post is a bit unclear. Did you take the 10 days holiday or not? It sounds as though you took them before the date your maternity leave started is that right? In which case they should be paid as normal. As your boss presumably needs to sign off holiday requests it's a bit strange he's talking about 'untaken holiday'.

I'd suggest putting it in writing or an email setting out that your maternity leave started on x date (which they should have confirmed to you in writing previously) and from x date to x date before that you were on holiday and as such should have been paid as usual.