Untaken holiday

[househunthappening]

I'm coming to the end of my maternity leave with DS1 and had agreed with work that I wouldn't return. My last day was to be 15th July and I would be 15th July and I'd be pod for all my untaken holiday from 2017 and 2018 in my July pay packet. All fine and amicable.

Work emailed me on Friday because a situation has arisen where they could offer me one day a week working for a client really near to where I live. This could potentially work for me so I'm speaking to my boss tomorrow about it.

I am going to ask them to rescind my resignation and amend my current contract to reflect my new hours rather than give me a new contract. I've worked for the company for 8 years, so it would be better for me to protect this in case of a redundancy situation and for enhanced maternity pay if I have another DC (I appreciate this would be much less as if only be working 1 day a week, but every little helps).

Where would I stand with the untaken holiday? Would they still have to pay me for the days I haven't taken and was entitled to under my original contract terms? Would that payment just be pro rata reflecting the date of the start of my new terms?

Sorry, the first paragraph should read My last day was to be 15th July and I'd be paid for all my untaken holiday from 2017 and 2018 in my July pay packet. All fine and amicable.

They can still pay you as agreed and you start one day a week from a date you agree. Or you can take the leave if you can extend your original contract. So, if it’s 10 days, you original contract would end on 29 July because you are actually taking the leave and not the money. It’s up to the negotiation when you see your manager. I cannot see why you wouldn’t get the holiday pay at the higher rate if you want it as that is the contract you were on when the leave was accrued. It doesn’t relate to the proposed 1 day a week.

When I reduced hours, my new contract started when I returned from maternity leave with all leave and payments settled up to my starting date on my old contract. I took the leave, not money in lieu. I think you’ll love one day a week. I think it’s a great offer and shows you are valued.

Thanks @BubblesBuddy.

The difference here is that I want to stay on my current contract because I want my service to the company to accrue.

I don't want to take the leave and that wouldn't work for them either. The reason they want me to do this is another member of staff is leaving mid-July/end-August and they are able to redistribute most of her work except this client. So they will want me to start straight away, which I can accommodate. Also, I've got 42 days of holiday accrued, so if I took it I wouldn't start doing my one day a week until nearly this time next year!

I'm hoping that I can say to them I can start straight away if they pay me what has already been agreed, my resignation is rescinded and my current contract is altered to reflect the new terms so that all my benefits continue. They obviously need someone to cover the work and I guess it will be be tricky for them to recruit someone new who can start fairly soon and only wants 1day a week.

I agree I think I will enjoy it, I wouldn't say I was sad to leave because I hated all the politics, but I think 1 day a week will mean I don't get too tangled up in that because I will be at the clients office rather than my employers office, if that makes sense (it's a property related job). They were great when I was pregnant and on maternity so it would be nice to keep options open.

When does your leave year end? If I were you I would remain on current hours, taking 42 consecutive work days of AL from the day your ML ends. So 8 weeks and 2 days. At which point you will then start your new 1 day per week contract.

@NapQueen but I don't think I want a new contract because I want the years to keep accruing. Or would a new contract be irrelevant in a redundancy or enhanced maternity leave situation because it's still continuous service to the company, regardless of it being a new contract.

If you are still with the same employer then your length of service and other t&c s ought to stay the same - ask them to make sure it does.

You could work one day a week and have paid holiday for four days a week until you've used up the backlog, then drop down to officially working one day a week.

Your service will be continuous. A one day a week contract with the employer instead of full time doesn’t alter continuity. I had 18 years before I went part time! It’s an agreed variation but is, of course, stated in your new contract terms letter with new pay and entitlement holiday, pension etc. You can ask for the money in lieu of the holiday without any problem in my view. If you want to start one day a week you can amend the contract with a mutually agreed start date and holiday payments from your old contract honoured. I don’t see why you wouldn’t have continuous employment.

Was about to suggest the same as BlackAmericano.

Then ask for an updated contract with the changed hours in 10 weeks' time, which is when your holidays will run out.

Thank you all, thats really helpful.

Hopefully the one day a week works out