Holiday entitlement after maternity leave

[bigfishlittlefishtupperwarebox]

Hi all.

Sorry if this is a bit of a ramble...

I am in a bit of a quandary about this and wonder if anyone can tell me where I stand?

I returned to work at the start of August after a years maternity leave. I used to be full time (on 25 days holiday plus bank holidays), and have returned three days a week. Before my return, my HR manager emailed to confirm I would have 23 days to take this year, and 20 in subsequent years, this was fine by me. It was agreed I could use some and cash some in.

On my first day back, HR manager said their calculations were wrong and I was owed another 2 days. I said fine, cash those in too. Now I have had an email from my line manager saying I have another 3 days to take this year. I asked my manager to check the 3 days, he spoke to HR and they said yes, I definitely have them to take...

My worry is that if I use them or cash them in, can they demand repayment if it comes up in say an audit or end of year check (or something) that they were wrong? How does this work? Anyone?

So without knowing how your annual leave year runs (from when to when) and how many days leave you'd taken in the previous year and therefore carried over it is difficult to say. However, it may be that they initially hadn't counted your bank holiday entitlement when they were initially calculating your annual leave and have realised they need to do that. If you're not clear then ask for a worked explanation as to how they've calculated your leave.

Normally, part timers get a pro-rata entitlement to bank holidays - so there are always 8 bank hols so if you do 3 days, most employers will add 5 days to your annual leave (so 15 days based on 3/5 of 25, plus 5 for bank hols). You then have to take a days holiday if one of your work days falls on a bank holiday. Am guessing that's where the 20 days comes from.

However, it may be that your employer says everyone is entitled to all 8 bank hols (so 15 plus 8) which may be where the 23 comes from. It may be that timings mean you've carried days over etc. I think to answer your question, Yes, your employer could probably demand payment back if there's been a mistake (although would have to be reasonable how they did that) so as a pp has said, ask for an explanation in writing.

Brilliant. Will get them to email me a breakdown, then even if they're wrong i have something to back me up and show I've queried it. Thanks both.