Am I entitled to AL accrued during ML if I'm not returning?

[bluedogs]

Just spoken to my HR department who are saying that as I'm not coming back after my maternity leave - took the full year - I am not entitled to the annual leave accrued during that period. As this was not clarified before I went on AL they will honour half of my AL entitlement. What is my postions? Help please?

Have a look \link{http://www2.dti.gov.uk/er/individual/matrights-pl958.pdf\here} from page 24 on. I think you have a statutory entitlement to AL during Ordinary ML but this doesn't necessarily seem to be the case during Extended ML although it is not specifically mentioned. Therefore it may be that half is the best you could expect. Speak to CAB perhaps for clarification.

During AMl you should accrue holiday at a rate of 20 days per year pro-rated.

i know that you are definitely entitled to holiday pay for the period of ordinary maternity leave. the ordinary maternity leave is at your employer's discretion.

As far as I understand it you are entitle to your usual al entitlement during SMP but during AML the statutory requirement is only upto 20 days a year. Its just that they are saying as I'm not going back I'm not entitled to it. That's the bit that I think is wierd. Off to check that link out and thanks for responding so promptly.

as i understand it. but i could be wrong

I don't think it is dependent on whether you return or not , provided you have given due notice, unless it is stipulated at the outset.

whether you return or not is irrelevant. you are still entitled to your holiday pay, at least for the Ordinary Mat leave.

www.direct.gov.uk/Parents/Employment/EmploymentArticles/fs/en?CONTENT_ID=10029285&chk=JZIIAc

too lazy for links but this is from the above

What happens to your holiday entitlement when you’re on maternity leave?

You’ll still build up all your entitlements to paid holiday during ordinary maternity leave. However, unless your contract says differently, you’ll accrue only the statutory minimum (4 weeks) holiday entitlement during additional maternity leave.

You can add holiday to the beginning or end of your leave. You may not be able to carry over untaken holiday entitlement if your maternity leave goes over two holiday years, so it’s best to take this at the beginning of your leave.

Therefore I think you are entitled to 20 days minimum

Check your contract or your employers maternity leave policy if you have a copy

thanks for that - will go and check it all out. Think it will turn into a bit of an argument as none of this was clarifie before I went on ML. Had I been told it was a case of use it or lose it with AL, clearly I would have taken the time off. Thanks for the help.

generally, entitlement to holiday/salary/bonuses etc is dependent on your return to work following your maternity leave. If you are paid more than SMP for instance, your employer can require you to either work your required notice, or repay any additional money paid to you during your leave.