Accrued holiday and part time work

[back2worksoon]

I am after a bit of advice please.

I return to work soon from maternity leave for 3 days a week. I was working full time before I went on maternity leave.

I have accrued 16 days annual leave since January 1st. What I'd like to know is do I have to take this under my old contract (5 days a week) or my new contract (3 days a week)? Obviously it's better for me to have 5 weeks off instead of 3 but I don't know if it works like that.!

I thought my new contract should start at the end of the maternity leave but my employer says it will start after the end of the accrued holiday being taken.

My last mat leave, I was FT before leaving, PT on return. I took 4 weeks of my accrued leave at the end of my mat leave, at FT hours. My contract variation didn't kick in until I actually started my PT hours. If you would rather have 5 weeks off at 3 days a week, then you need to discuss with your work. The alternative would be to have 2 weeks unpaid mat leave, then 3 weeks annual leave at FT hours. You should still end up being paid the same overall.

I know that varying someone's contract whilst on mat leave can be tricky on the system we use at work, but it is possible to work around.

When I returned from mat leave, I accrued holiday at full time rate (because that was my contract at the time).

Then at my return date I changed contracts to part time hours. And then used my accrued holidays.

So in your example, I would have had 5 weeks off. It is a bit of an anomaly but depends on when your contract changes.

I'm not too worried about the pay. I would rather my contract changed and then I have 5 weeks off! I can't see my employer agreeing to that though unless there's something that says he has to!

My contract changed when maternity leave ended - so I would have got5 weeks off in your example - even the holiday I tacked onto the end of maternity leave. I don't know if there is anything forcing employers to do that though? In my company all holiday is accrued / used as hours rather than days which makes it easier to see.

Employers can enforce holiday if they wish, providing they give the appropriate notice.

Where I work, we normally ensure most accrued annual leave is taken before the hours are reduced, otherwise it the person could be off for ages.

You could always ask, all they can say is no.

It's fine for your employer to start your new contract after you've used up your chunk of holiday if that's what they want to do.

Ah shame! I was hoping there was something that would allow me to have the contract start the end of maternity leave. I will still ask though just in case!

Thank you all for your help

No harm in asking certainly. Your employer doesn't have to let you change your hours at all, so if they're happy to do it as long as you use up your holiday first then that's fair enough really.

Whatever date you have specified that you want to change your contract. If your mat leaves finishes on 31st May, for example, and you have requested part time as of 1st June, you will use up your 16 days from 1st June on a part time basis so it will be 5 weeks and a day. If you have worked out your holidays first and then said you will go part time after that date then you will use them up on a full time basis (3 weeks and a day). It is literally that black and white. Your accrued holidays are your entitlement from your current contract and the day your contract changes they can't take holidays off you.

I have requested part time work on my return but who specifies what the return date is? I want part time work from the end of maternity leave. My boss employer wants me to use up my holiday first and then start part time.

You would (should) have specified a date from which you want the change in contract to take effect.

Your employer would (should) have written to you confirming the change to your contract stating when it is effective from.

I've just said at the end of maternity leave. If I write him a letter with a contract change date saying the 15th July and he writes one back saying 8th August what happens then?!

How much mat leave will you have taken by 15th July?

Isn't the accrued holiday from the old contract? My company paid me this before I returned to work. Actually they paid me it each month throughout maternity. When I went full to part time, it was a lot of money.

I will have had 52 weeks leave by 15th July.

The holiday is accrued from my current contract. Being paid it isn't an option, I have to take it.

My current contract is 8 hours x 5 days a week and I have accrued 16 days annual leave. My new contract will be 5 hours x 3 days a week.

I used up my holiday after the contract changed so in your case I would have had the 5 weeks off - obviously only getting paid at p/t rate though. Some of my friends chose to take the holiday before their contract changed so had the 3 weeks off and therefore got paid full-time for 3 weeks before returning.

At that is where my problem is! I want 5 weeks off paid at part time rate and my employer wants me to take 3 weeks off on full pay!

You specify what you return date is, but if your employer only agrees to reduce your hours on the basis that the new contract commences on 8 August, then you're not in much of a position to argue really. That's reasonable.

Your employer is not obliged to let you take holiday when you want it, so if you state you are returning on 15 July, and they say they are starting your new contract on 8 August, you will be returning full time in between. You won't have enough holiday to take 5 weeks off on that basis, because you'll be being paid for 5 days a week.

Ok so I can request it but can't do anything more than that? Looks like it'll be 3 weeks off then.

Ah well, was worth a try! Thank you for your help. :)