HElp with Maternity issues please!

[bubba20]

Hi just looking for help if possible.
My baby is due 22/01/19
Our holidays at work run Jan - Dec
We shut down for xmas on 21st Dec this year and I have enough holidays to cover till 31st Dec. Work remains closed and reopens 7th Jan.
Now, if I wasn’t pregnant the dates from the 1st to 7th would come out of my new entitlement despite me not even having accrued them, as with everyone else.

I’ve given my notice for maternity leave to start on 14th Jan. I was looking to take up to then as holidays but I’ve been told I can’t because my holidays would be “pro rata” now I know that holidays are not pro rata and I am entitled to the full 28 days so I assume he means I won’t have accrued enough holidays to take up to the 14th Jan. I understand this now. However thinking about it, why should I start my maternity leave on the 1st Jan when everyone else is on holiday and they haven’t accrued their days either?
Any advise?

You still accrue holiday whilst on maternity. In the uk anyway. Im on maternity now which is how i know...dont panic. Some employers however dont seem to know...make yours aware and you will be fine

Thanks Jessie.
I know I’ll still accrue them whilst on mat leave but obv I was hoping to take some before Mat leave started as everyone else would be on holiday too and they won’t have accrued theirs.

Your holidays will definitely not be pro rats whilst on maternity leave.

If every other employee would be allowed to take these days as holiday from their annual leave entitlement then you should too! You really need to push this with them.

I've worked somewhere where you couldn't take more than you had accrued for the year so for example in your situation you could only take what you had accrued so far as paid. That was in manufacturing though and we had a high proportion of people taking loads of holiday early in the year and then leaving with not enough pay to recover it from.

Thanks cricket, I’ll bring it to their attention that if everyone is having it as holiday then I too should be entitled.
So to be clear, when I return of my mat leave, I should still have 28 days holiday remaining minus any that I get to take in January (if I’m allowed!)?

Yes as long as this is the norm then you should be able to too. Even if you didn't return to work after your mat leave you would still be entitled to your annual leave accrued up to the end of your Mat leave.

A gentle mention that they are only treating you differently because you’re pregnant should put the wind up them.

Brill. Thanks everyone.
I’ll update as soon as I know.

You'll need to check the policy as on mat leave I accrued holiday but at standard government rate not my usual rate so instead of my usual 5.5 weeks plus bank holidays I think I got 4 weeks and no bank holidays (something like that). Either way, you'd have enough to cover the days before the office re opens just don't assume holiday accrues at your usual rate.

You'll need to check the policy as on mat leave I accrued holiday but at standard government rate not my usual rate so instead of my usual 5.5 weeks plus bank holidays I think I got 4 weeks and no bank holidays (something like that).

Woah. Alarm bells ringing there. Apart from pay, all contractual entitlements must continue to be paid during mat leave. Reducing your entitlement is unlawful

Statutory leave for a full time worker working 5 days per week is 28 days including bank holidays.

Mine was 10 years ago so may have changed. I worked for the daily mail group so not a small firm.

We don’t really have a holiday policy. Just a very small section in my contract stating 28 days.

Your entitlement on maternity must be the same as when you are on leave. The law clarified this in 1999.