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Can I retrospectively end my maternity leave early?

3 replies

flootshoot · 17/01/2012 13:06

Ok, so ? my maternity leave ended at the end of Dec. December itself was unpaid as I?d finished my 33 weeks entitlement in November.

On my return I was told that something (legislation/procedure ? not sure which!!), had changed and I was therefore owed some leave ? 10 days to be exact. I only work two days a week and our leave year runs from April to March, so I would have to take 5 weeks off between now and 31st March (although I probably could carry some over if need be).

If I?d known about this leave before I came back, I would have ended my ML at the end of November and taken December as leave, thus being paid for it. I suggested to my manager that I could do this retrospectively. She couldn?t see any reason why not, since it would suit ?the needs of the business? for me not to take the leave. She asked HR and they initially agreed, but are now backtracking. She is on at them for a firm answer either way, but obviously the longer they take to decide, the later I?ll get the money/take the leave. Currently I?m in limbo because I don?t want to start booking leave should it turn out I don?t need to.

Anyway ? where do I stand on this? I genuinely was not aware of this leave until my first day back at work in January. Do HR have to agree? I?m in Local Government if that makes a difference.

Any advice would be appreciated.

OP posts:
flowery · 17/01/2012 13:29

They don't have to agree but there's no reason they can't agree if that makes sense? You weren't receiving SMP anyway so there's no complication there.

flootshoot · 17/01/2012 13:34

Thanks Flowery. I know what you mean - I think they're probably just being a bit iffy because on paper it costs them more to pay me the money than to just have me on leave IYSWIM. Grrr.

OP posts:
DebussyHead · 17/01/2012 13:37

This happened to me. I had 10 days to use by the end of December 2011. As I was returning only 3 days a week neither I nor my boss wanted to take over 3 weeks holiday to use up my leave due to the impact on the business. I was also not aware of the additional leave I had or I would have added it on to the end of my mat leave and therefore taken less unpaid time off. Becasue my boss supported me and wanted me in work HR approved for me to be paid the additional 10 days. I was very happy with this outcome but they were at no legal obligation to do so. It will depend on the company. I am private sector BTW.

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