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Original poster

Did you know you accrue annual leave in both the paid and unpaid part of Maternity Leave

49 replies

drosophila · 13/05/2006 10:05

I was in an Employment Law course yesterday and this is one of the things I learnt. My own employer is under the impression that you don't accrue leave when you are not being paid but apparently you are entitled to accrue leave throughout all of your maternity leave, paid or unpaid. Something to do with the working time directive. Will post a link later.

OP posts:

Psychobabble · 14/05/2006 12:03

This reply has been deleted

Message withdrawn at poster's request.

Tinker · 15/05/2006 12:56

I'm confused about this now, having look it up. The 2nd link says:

4.5 Annual leave

4.5.1 While on paid ordinary maternity leave all women will accrue annual leave at their normal rate (i.e. pro-rated if part-time). Those who qualify and take the additional unpaid maternity leave of up to 26 weeks after the birth will accumulate annual leave at the statutory rate, which is 4 weeks per year. Any annual leave accrued will have to be taken at the end of the maternity leave before the return to work. Women will be entitled to receive pay (at the normal rate) for any public and privilege holidays that fall within the first 26 weeks of paid ordinary maternity leave.

I get 6 weeks annual leave. So, accrue 3 weeks ofr teh 6 months of OML. Would I then accrue a further 2 weeks if had taken the whole 12 months off? I took approx 3 months of unpaid leave so would accure a further 1 week.

But, the link above seems to say it will have to be taken at end of mat leave. So, I can't take it after return to work but before my leave yer would end?? Anyone know?

Psychobabble · 15/05/2006 18:44

This reply has been deleted

Message withdrawn at poster's request.

sfxmum · 15/05/2006 18:51

i have just taken a year off, mat leave, and have acrued a/l for 34wks at the rate of 4.26hrs per week

Original poster

drosophila · 15/05/2006 19:39

My understanding is that you would accrue your 3 weeks and then a further 5 days days for the three months unpaid Mat Leave. I think you would be expected to take the full amount of leave you accrued after your mat leave stopped returning to work approx 4 weeks after your unpaid leave stopped.

I may know more when I go to work on Wed and ask them for a lot more leave that they think I am owed. This won't go down well as they rejeced my application to work term time cos the business couldn't cope. How will they cope with my having 15 weeks leave to take till the end of Feb.

OP posts:

manitz · 15/05/2006 20:14

hi drosophila, i'm also a civil servant and have had two one-year mat leaves. our dept says that annual leave is not accrued during unpaid part (last six months). Would that be paid annual leave?

lazycow · 15/05/2006 20:34

Well I accrued leave for the whole year I took off (6 months unpaid). My company also paid their share of my pension contributions for the whole year. I work for a very small company where I got the minimum entitlement so I believe it does accrue over the full year of leave. You can tag it on to the end of your maternity leave, take it as holiday or as extra pay when you get back. As I went back 3 days a week my boss was not keen that I take 25 days holiday in addition to the holiday I had due for the new part-time contract. So I had almost an extra month's salary paid as a lovely bonus on my first mointh back.

Prufrock · 15/05/2006 20:43

Original legislation said that the Statutory entitlement under the WTD of 20 days paid annula leave did continue to accrue during AML. However a case about 6 months ago of an employee on long term sick leave challenged this, and the ruling was that the right to paid annual leave did not apply during long term sickness - or technically that it did apply but you got 20 days per year of annual leave at your actual rate of pay during the sickness period, and therefore as your daily pay was 0, your rght to paid annual leave added up to a big fat 0 as well.

Some companies have decided that this principle should apply during unpaid AML, as well as during unpaid sick leave. Anyone who wishes to challenge this would have to take their case to court, and the likelihood is taht it would be a long drawn out case, as there are precedents on both sides. A perfect challenge forsomebody like the Maternity Alliance- but unfortunately they don't exist anymore.

Tinker · 16/05/2006 07:40

Will see how you get on on Wednesday drosophila.

Original poster

drosophila · 16/05/2006 10:25

This case was on the EOC website, wasn't it. I think the argument would be something along the lines of sex discrimination as only women go on Maternity leave paid or unpaid whereas any gender can be sick. I dn't know how far I would push it cos afterall you have to work with these people but on the other hand I feel peeved cos they rejected my request to work term time.

OP posts:

Original poster

drosophila · 16/05/2006 10:41

Particularily interested to hear any gov dept employee that did getannual leave accrual for paid and unpaid part.

OP posts:

Original poster

drosophila · 16/05/2006 19:17

Any other experiences to share?

Thanks

OP posts:

manitz · 16/05/2006 19:38

just a thought but have you asked your union rep? that would mean you could avoid any unpleasantness and they could take it up for you.

I had probs when pg not being offered my job despite being on tra for a year when all the non-pg blokes had their tra jobs advertised and therefore the option of being substantiated. union intervened and my job was advertised so i was able to apply for it.

Original poster

drosophila · 16/05/2006 19:43

I will see how my manager reacts tomorrow. I think she will be stumped. The problem will be her boss. Even if her boss conceeds that I am entitled to it she won't want me to take it. It would effectively mean 15weeks holiday between now and end of Feb which would be fantastic for school hols but as they refused my request for term time working I can see how they will react.

I may well go to union but will have to consider how I would be able to work with these people if I piss them off too much.

OP posts:

oooggs · 16/05/2006 20:04

I'm a civil servant and took 6 months paid (and accrued leave) 6 months unpaid (didn't accrue leave) and 2 months annual leave, which I had accrued whilst being paid full time then I converted this into my part time hours which equalled 2 months or there abouts.

hana · 16/05/2006 20:05

not if you're a teacher!!

no snide remarks please about our 'holiday' entitlements!!

hana · 16/05/2006 20:11

littlefish - just read the rest of thread - we really don't accrue any holiday while on maternity leave, that's just the deal with teachers.

as far as your situation - I would have thought it was bit off to assume that on the first day of the summer holidays ( but still part of that academic year) you were 'full time' and wanted to be paid at full time rate, but then go to your part time hours in the autumn term. Surely you should have worked some days before the holidays started to be paid at your full time rate? Sounds like a communication mixup between you and the head.

manitz · 16/05/2006 21:06

drosophila i thought the whole 'noone is accountable' thing worked to my advantage. i still work for the boss I took to the union and there's no hard feelings. really the union should be talking to your hr, your boss isn't anything to do with it - that's how my manager saw it.

Also if it's paid AL you're entitled to then if you can't take the leave you could take hte money with no skin off her nose? finally if the union take it on they shoudl be able to get their lawyers on the job and they'll be looking on the behalf of all mat leavers so it won't be personal.

Littlefish · 16/05/2006 21:34

Hi Hana, when I was negotiating with my headteacher, I had said that I wanted to come back and do the last week of the summer term in order to be paid full time over the summer holidays, but my head teacher said that I would only be paid full time for that one week, and then my part time contract would still start on 21st July.

hana · 16/05/2006 23:54

I'd take that up with the union, sounds like he did a dirty on you

Original poster

drosophila · 17/05/2006 19:46

Wouldn't you know it boss wasn't in today. Boss is part of HR. Not sure if that's good or bad.

OP posts:

manitz · 17/05/2006 20:33

oh. i see. i think that means you can't have the nice get out clause i had. however you could get anon advice from union about how to handle it. maybe??

my union rep was very good and not at all full on. he was completely practical and understood why i didn't want to be horrible aobut my boss as i really like him (came to my wedding etc etc) but explained how i could go about shafting poor bloke without being nasty.

hotmama · 17/05/2006 20:40

I work in Local Government and I am on maternity leave. I accrue leave whilst on maternity leave, also accrue any public holidays in the paid bit of maternity leave. When I go back at Christmas, I will have a whole year's annual leave to take (34 days) any I don't use by the end of March I will carry into the new financial year. HTH

Tinker · 21/06/2006 14:21

Picking this one up again. Prufrock (or anyone else) what is the case name that you've referred to in your post? Have looked on Equal Ops site but not sure which case I should be looking at. Thanks

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