Hang on a minute - am I being diddled?

[bohemianbint]

I saw my boss today and have sorted out going back to work in a month or so for 2 days a week. But when I asked how it worked with holidays he said I've had them all.

I thought that annual leave accrued the same way during mat leave as it does if you're at work? And as the year runs from Jan 1st I assumed I would have accrued half my holiday allowance by now? My stat mat leave doesn't run out for a few weeks.

Have I got this wrong? And if he's wrong, what's the best way to broach it?

Oh, and also he says he has to "adapt" my job and will be sending me a new contract to sign. Aren't I entitled to the same job? Obviously I'll be in less but does this sound a bit odd to you?

Sounds fishy to me - you need some employment law advice - either CAB or some solicitors offer a free hour's worth of advice. Wish I could help with specifics.

Check with the EOC. Sounds decidedly diddly to me.

You def accrue leave while being on paid maternity leave, not sure about unpaid. I worked in payroll years ago, and think the law has changed since then.

unless you took it before your mat leave then yes, you have accrued holiday during your absence, and at the rate you were before (so full-time if you were full-time, not at the rate of 2 days as you will be)

Did you take ordinary mat leave or extended? Think that you are only entitled to go back to the same job if you take the ordinary only. Also, you need to check whether by you changing your hours/number of days means you are accepting a change to your job, and therefore the employer may be allowed to change the job contents to fit with this.

You need to speal to CAB, your union or am employment solicitor.

How long have you been off? As I understand it, if it's 26 weeks or less, you are entitled to come back to exactly the same job. If you're coming back after additional maternity leave (i.e.if you've been off more than 26 weeks), then they are entitled to give you an "equivalent" job so in principle they can have a go at amending your contract. Don't sign anything without a lawyer having a look at it.

However, I've just re-read your OP. Were you working full-time before and now going back 2 days? You would get a new contract then, there's nothing unusual about that. The question may be whether the fundamental nature of your job changes. It may do, as it is possible that it's not poss to do exactly the same job you had 2 days when it was taking 5 before.

whatever, don't sign without getting advic3e.

You definitely accrue leave due the period od both ordinary and extended leave since it also counts towards years service for pensions and redundance etc.

Also they cannot change your job if you are going back to the same job even if you are doing less days. They have make it at the same level and have equvalent dutoes. The only changes can be if something happens on a specific day of the week ie a Tuesday and you don't work on a Tuesday then it can be dicounted but what they ask you to do on the days you are in has to be the same as the Tuesday task.

I think he's wrong about the holiday, however, remember that if you going from full time to part time your holiday days will be pro-rated too... however, shouldn't that be from once you've started on the new contract?!

Hmmm....interesting. I did take extended maternity leave and it's coming up for a year now but as you've all said I was fairly sure holiday still accrues. I took all my leave for last year before I went off but I should get another 20 days as of Jan 1st shouldn't I?

Will deffo speak to CAB. Is there a helpline or something as it takes weeks to get an appointment at my local office?

yes, I was full time before going off and to be honest there's no reason why the nature of my work should change as it was fairly flexible anyway and I'll probably end up having to do more in my spare time from home.

You could try the Acas website.

i'm confused, you said in OP that your "stat mat leave doesn't run out for a few weeks". it's during your stat leave that yor holiday still accrues, it does not accrue during extended mat leave

ah...it doesn't accrue during AML? When I said stat mat I meant my entire (52wk) leave. Sorry!

This is a very grey area atm. Normal holiday accrues during OML. During AML, you are entitled to statutory holday (20 days a year) until recently this was assumed by all to be paid, and most companies did pay it. But then a case got taken to court about accruing paid holiday whilst on long term sickness (when basic pay was 0), where the judge ruled in the companies favour that this leave was not entitled to be paid. Many companies have now applied this ruling to holiday during AML - ie, you accrue paid holiday at your normal rate of pay, but because your normal rate of pay during AML is 0, your holiday pay is 0.
There is an argument that applying this ruling from long term sickness (which affects everyone equally) to AML, (which affects only women) is discriminatory and so would not stand up in court. But it needs somebody to actually bring a case to court.

Right - I just rang the ACAS helpline who have said that even though I'm on AML I still accrue holiday at the same rate and should therefore be entitled to take it. She also said I should take it before my contract changes as that will affect what my leave is worth, or sommat.

So I now need to work out what I'm owed and get him to let me take it before I return. Ouch, this is going to be awkward...

And by my calculations I'm due 11.5 days (20 days per year accrued over the first 30 weeks of this year).

Do you think it's best to email Boss re this so have records of what is said?

please come back!

I would email him, both to have a record of what's said and also because you have more of a chance to think carefully about what you say, won't be caught off guard by anything he comes back with.

Another thing to check your new contract for is that you're not being discriminated against for becoming part time as opposed to full time. Obviously holiday will become pro ratad but they're not supposed to treat you "less favourably".

ACAS has a helpline as well as a website - I assume you're not a union member.

Good luck

wow, he's going to hate me; I'm going back 2 days a week and have 10 days owing to me before I go back. Does it make more sense to use them up before going back do you think? I can't really use it to do 1 day weeks or I'll never get any work done!

I would take it now (if you would prefer to) and be done with it.Once you're back, you're back. Y

ou could tell him you would like to use the time to really bed down your childcare routine, so things are running SUPER SMOOTHLY and EFFICENTLY (!!!) when you're back. Can you tell I've played this game before?!

Cheers Genidef, I like your thinking! Probably makes much more sense to use it up first. He's going to be really fed up though, and he was adamant this morning that he didn't owe me any leave. I just hope this doesn't turn into an argument. I also hope I haven't made an embarrasing mistake but I'm fairly sure (backed up by ACAS helpline lady) that I haven't...Watch this space!

Thanks everyone for useful feedback, much appreciated!

He'll get over the holiday thing. Re the no of days, you might want to check your contract, despite was ACAS says, after what prufrock said, which I htought was interesting.

Have to say, as prufrock says, holiday on AML is a mighty messy area. My instinct is that the case law won't apply in the same way as it does with sick leave but, as she said, someone needs to litigate to find that out.

In relation to the nature of your job, I think that you have to be clear about the different issues. Your right, as others have said, is to come back to the same job (if after OML) or an equivalent job if that is not practicable (if after AML). In practice, they mean the same thing. They basically mean that you have the right to come back to your old job unless others things have changed in the meantime - e.g. a restructuring.

However, if you ask to go part time and they say that your current job cannot be done on a part time basis (which they are allowed to do for various reasons, most commonly if it would cause knock on implications for other positions or clients - e.g. if your work could not easily be covered on your days off and is time critical), they are within their rights to offer you an alternative job which is a bit different, but which is suitable for being part time. It is then up to you whether you accept the changed role, or say that you would prefer to come back full time to your original role.

I think that you need to get some clarity with your boss as to what is happening. Is he saying that you cannot do your old job part time but can do a slightly different job part time if you want to or is he saying "you cannot come back to your old job" ? You will then have a better idea where you stand re the changes.

Holiday whilst off will accrue normally based on hours prior to going on leave. You can work it out pro rata then do the same again for the other half of the year but based on the 2 days a week.

Main terms/contract shoudn't change, maybe a job description could be revised. You need to see it first and make a decision as to whether you want to sign it in agreement or if you think he is out to shaft you on this one. Let us know what in the contract has been changed