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Original poster

Adding holiday on to the end of maternity leave

26 replies

NoMoreWineForMeThen · 29/01/2013 22:37

I'm sure there is a simple answer to this but I'm getting myself a little confused. I worked a 4 day week prior to maternity leave but will be returning 3 days a week.

I would like to add my accrued holiday on to the end of my maternity leave and am confused as to whether I 'take' the holiday based on a 4 day working week or a 3 days week as obviously this would determine what day I will actually present for work.

Does that even make sense?

OP posts:

fanoftheinvisibleman · 29/01/2013 22:43

I can tell you how it worked for me.

I was full time until I returned to work on a 2 day week. I was classed as full time until the day I was due to return so holiday entitlement accrued during maternity was at the full time rate and apportioned at part time rate for the remainder. I had to put holidays in to cover only my 2 days though obviously this meant my wages also dropped imeadiately too.

FamiliesShareGerms · 29/01/2013 22:44

You accrued it based on your 4 day week, so surely it's worked out pro rata for 4, not 3, days?

Original poster

NoMoreWineForMeThen · 29/01/2013 22:53

I know I'm not being particularly bright here so please bear with me...

Say before maternity leave I worked Mon-Thurs but I'll be working Mon-Wed upon my return. Due to return on 3 June but have 8 days holiday accrued. Would I now return on 19th June i.e. holiday acrrued at old rate but 'used' based on new working week?

OP posts:

ceeveebee · 29/01/2013 23:05

I think so - that's what happened for me. So I accrued leave at full time rate throughout maternity (eg 25 days) but only returned 3 days a week so essentially I have over 8 weeks leave as only need 3 days for a full week off

Original poster

NoMoreWineForMeThen · 29/01/2013 23:25

Thank you! That was driving me a little potty for a while there. Best not to try to use my brain too much when this sleep deprived.

OP posts:

Mandy21 · 30/01/2013 21:40

It worked differently in my firm - my contract had to change when I went back to work - reducing from 5 days to 3 days. The annual leave that I accrued whilst I was on maternity leave (i.e. based on working full time) was added on to the end of my maternity leave but at the normal rate - so I was due to go back on say 1st April - I had 8 weeks leave so my return to work date was 22 May (or thereabouts) even though I didn't actually have to go in, I went back to full time pay. However, I had to use all that leave before my new contract (i.e. a 3 day contract started). Hope that makes sense!

Original poster

NoMoreWineForMeThen · 31/01/2013 09:42

Ah OK. I would actually prefer this as I'd use the holiday in a shorter period.

OP posts:

sshi · 31/01/2013 11:35

My situation:
Prior to maternity leave - 4 days a week.
On return - 3 days a week
I decided to use accrued annual leaves at the end of maternity leave. This makes my return date 6/3/13.
To keep things simple, I decided to start 3 days a week from 1/Apr/13 as the new financial year starts from 1st April . This means I need to arrange 1 extra day childcare from 6th March to 1st April and from then on 3 days a week

FatimaLovesBread · 31/01/2013 11:38

Before mat leave I was full time, I'm hoping to return in September 3 days a week. Our holiday year follows the tax year so in my situation I'll accrue holiday at the full time rate April-sept and part time sept-march

Cydonia · 31/01/2013 19:19

I was about to post about the same thing! When I went into work to discuss coming back this wasn't even mentioned, it was only when a friend said she was taking her holidays at the end of her leave that I knew about it! Now I'm all confused too! I have nearly a full years worth of holidays accrued so I think I can get at least another 3 weeks off after my maternity leave ends, but I'm not sure. I'll have to ring work and check, but hate not really understanding what it's all about as I don't want them to try and do me out of what I'm entitled to!

flowery · 01/02/2013 12:07

Depends when your contract change is effective from. If the effective date is 3 June, it will take longer to use up your 8 days than if your contract changes to 3 days a week after you've used up your holiday.

mamanate · 08/02/2013 14:21

I was full-time 5days a week my request for a 3 day week which has been rejected and they want to try a four day week using up the holiday I have accrued so far, if it turns out the 4 day a week does not work for me or them and I want to resign do I have to give the full four weeks notice and do I get paid for the holiday I have accrued while on maternity leave or I'm mad for even thinking that.

ceeveebee · 08/02/2013 18:13

Im not an expert but am a manager and have had staff hand notice in at end of maternity leave. Yes you have to give same notice as normal and yes you will get paid for holidays accrued and not used (or at least you would in my company!)

PuffPants · 08/02/2013 18:28

I can't believe people accrue holiday during mat leave. You've not done any work to earn it!

I was freelance so none of this applied to me. Am really

ceeveebee · 08/02/2013 18:32

puff I kind of agree with you. But I was pretty happy to return to work with over 8 weeks leave to take

FadBook · 08/02/2013 18:41

Puff, you accrue holiday when off sick too. Legally, they must pay that leave even if you're off long term (ie over 12months). Lots of case law on it.

I suppose one of many benefits of being employed rather than self employed is that you are legally entitled to 28 days annual leave (inclusive of bank holidays).

PuffPants · 08/02/2013 19:44

But why? Interested to hear the arguments that led to the law

ceeveebee · 08/02/2013 20:44

I guess it's because otherwise, women on maternity leave would be discriminated against as paid holiday is a benefit given to all other employees. Same applies to things like pension, company car which have to continue during maternity leave.
And as the government pays most if not all of the SMP then all the company has to pay for is 28 days leave - but rather then pay it it is given as time off at the start or end (unless you leave in which case is paid as with all other employees)

PuffPants · 08/02/2013 21:00

Oh, I thought employees turned up and did a day's work. Well, good luck to you I suppose, sounds an incredible perk. No-one's going to say no.

You can sort of see why some businesses are reluctant to hire women of a certain age though, can't you?

A friend of mine worked for a well-known law firm. Over a period of about 2 and a half years, I think she did 4 and a half months work, taking into account 2 years maternity plus accrued holiday. When she went back after the first baby she was already pregnant with the second. She was obliged to do 6 months to keep her enhanced (and very ££££) mat deal. She deducted her accrued leave from this period. At the end of the second mat leave...she resigned.

They were lucky to have her, wouldn't you say?

ceeveebee · 08/02/2013 21:05

You suddenly seem to know a lot of detail about accrued holidays, enhanced maternity pay etc for someone who only 3 hours ago claimed to be shocked at the revelation that women on maternity leave can accrue holidays.

PuffPants · 08/02/2013 21:17

Shocked, not unaware. I didn't say it was new information to me. You can still be shocked by things you have knowledge of can't you?

I don't know a lot btw. What I just posted is the extent of my knowledge on it.

Anyway, I realise this section is not for debating the whys and wherefores, just for info. Not having at anyone. Will leave you to it.

bakingaddict · 08/02/2013 21:23

Well Puffpants give up being freelance and become PAYE, you sound like a bitter Katie Hopkins or whatever that monstrous woman's name is. Isn't it tiring being so bitter surely there must be perks to being freelance like being paid £££'s a day which offsets lack of paid holiday and maternity leave.

mamanate · 09/02/2013 10:54

ceeveebee when they had in notice at the end of maternity do they have to give a few months before the maternity ends and if i go back to work and it doesn't work for me or them as I have asked for 3 days but they have come back with a trial period for 4 days do I still have to work my notice.

ceeveebee · 09/02/2013 13:57

If you are on 4 weeks notice you'd have to give notice 4 weeks before end of maternity leave
I don't know wrt the trial period - I think you'd need to work notice but depends what you agree with your employer I guess? Like I said, I'm not an expert

mamanate · 09/02/2013 15:18

Thank you ceeveebee you've been helpful at least I have a vague Idea now.

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