Holiday Accrual during Maternity Leave...

[SpottyLadyBug]

I have unfortunately resigned from my job after my flexible working request was declined. I have twins so literally cannot afford full time childcare.

My contract states that I need to give 4 weeks notice, which I believe I did as I handed in my notice on 10th July as my return to work date should be 10th August as this is the date I went on maternity leave last year.

However I have received a letter from HR stating that I was due back on 1st August (?!) and therefore they have deducted 6 days holiday from my final pay.

Surely they should not be allowed to do this? Either to bring forward my return to work date (I always told them that I would take the full year off) or to deduct holiday I have accrued.

I wonder if any one has any ideas?

No they can't. No reason to either. Even if you were due back 1st August (which you weren't), there would be no reason to deduct holiday. You could just be 'on holiday for those 6 days rather than back in the office, and would therefore still need to be paid for them.

Anyway, that's neither here nor there. Do you have the original letter they sent you confirming your return date back before you went on leave? If so, send them a copy and reiterate that you were due back then, are giving notice, meaning your employment will end then, and you expect to be paid in full for all holiday accrued during your mat leave.

Thanks flowery, that's really helpful!

I think its worked out in weeks so u have 52 weeks not a 'year'. so i went off on sept 20th but was due back the 12th sept iyswim. So they may be correct. sorry!

But there are 7 days in a week, and 52 x 7 is 364, so I can't see anyway they could knock 9 days off a year on that basis.

Yeah i know what you mean but i just got a calender and worked out fifty two weeks and was also about nine days off. Although i have put my al on the end of it. Ive just checked my employers mat policy and it all referred to in weeks.

It is in weeks, yes but that would not be 9 days out!

52 weeks from Wed 10 August 2011 is Wednesday 8 August 2012 OP. if they told you 10 August in your letter that's worth saying, but it makes no odds anyway. You can return to work on 8 August 'on holiday' for two days and get paid out the rest of your holiday. It makes absolutely no difference.

Could they have midwifed it and mean they are deducting it from the holiday pay you would have received and then pay you for those days?