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Original poster

Big 4 accounting firm - Forced to take accrued annual leave & bank holidays before maternity leave?

35 replies

RaynarsWheel · 11/01/2019 16:47

Hi,
I work at one of the Big 4.

Following an initial HR chat, I'm going to be forced to take accrued annual leave and bank holidays prior to my due date or lose them by taking maternity leave- is this normal/legal?

Example:
Our holiday year runs 1st Jan to 31st Dec.
I'm entitled to 25 days leave, plus English bank holidays (but I never take the bank holidays on the exact literal days, it's just that I have 8 days I can log on a timesheet for days off).
Baby is due on 1st July.

So, say I accrue 12 days of annual leave, and 6 bank holiday days (between 1st Jan and 1st July).
I take a week of holiday in March.

That leaves me with 7 days of holiday and 6 bank holiday days accrued by the baby's expected due date.

HR are saying that if I don't use them, I lose them - I cannot tag them onto the end of maternity leave when I return in July 2020. I must take them before starting mat leave on 1st July (unless baby leaves early, in which case I'm allowed to roll over up to two weeks of annual leave into the next holiday year, not more).

OP posts:
DonnaDarko · 11/01/2019 16:49

I think you have to take them within the annual leave year as normal. So they're right. If you don't take them before the end of the annual leave year, you lose them. If your company allows you to roll some over you might be allowed, but they can refuse the request

DonnaDarko · 11/01/2019 16:50

So if you want to keep them, you'd have to come back from mat leave before the end of your annual leave year

Purplepinkpurple · 11/01/2019 16:52

No you do not lose annual leave because you've went on maternity leave, you still accrue them

poorbuthappy · 11/01/2019 16:54

But surely that means that if you went onto maternity leave on the 1st Jan 2019 (for example) and accrued your full years leave whilst on a full years maternity leave you, so went back to work on the 1st Jan 2020 you would lose your accrued holiday?

Teddyreddy · 11/01/2019 16:54

My company is a bit more flexible, but a friend working for a big oil company had to take it all so I suspect it's legal.

Is there a reason you don't want to wait to start maternity leave on your due date and use your annual leave to go off at 37.5 weeks? Otherwise, do they grant all your holiday requests - if you've asked to book leave and your line manager refuses for business reasons it would give you a reason to push back against HR?

poorbuthappy · 11/01/2019 16:54

I'm not sure that statement makes any sense but I know what I'm trying to say!

courderoy · 11/01/2019 16:56

It’s probably because of a general restriction on carrying forward annual leave rather than anything in particular due to maternity. We have a general use it or lose it policy for the majority of annual leave, i think you can roll a week forward to the next year.

If you didn’t take the leave it wouldn’t carry over.

Its also worth checking how the bank holidays accrue.

Purplepinkpurple · 11/01/2019 16:57

I would phone maternity action and confirm with them what the legal requirements are in regards to annual leave to clarify .

courderoy · 11/01/2019 16:57

You should still accrue holiday while on maternity and the policy for that should be different

pinkcarpet · 11/01/2019 17:01

I'm also big 4 and had the same. I can carry forward a couple of weeks leave but had to use any holiday already accrued which would take me over the limit for the holiday year. Its just so you don't end up losing it when you return to work

sackrifice · 11/01/2019 17:08

www.acas.org.uk/index.aspx?articleid=1753

They cannot take it off you.

Annual leave

An employee continues to accrue all of their paid annual leave (including bank holidays where applicable) while on maternity leave. An employer must ensure that an employee is able to take all of their annual leave at some point.

An employer and employee could agree that annual leave can be taken before the maternity leave starts or after it comes to an end. It is important to note that annual leave cannot be taken at the same time as maternity leave.

VanGoghsDog · 11/01/2019 17:12

They can request that you take it, they can have a policy that says you must take it, and they can enforce that, but if for operational reasons you cannot take it, you can't lose it.

Note - all laws relate to statutory leave (which is 28 days for full time staff including the 8 bank holiday days), the rest is dictated by your contract or employment terms, which might also include the policy.

Original poster
RaynarsWheel · 11/01/2019 17:13

hi all, thanks for the input. it sounds like in this particular case it would be legal - but appreciate that I should check with maternity action to confirm.

for the avoidance of doubt, this is specifically relating to annual leave/bank hols accrued before mat leave starts... the issue is that I'm working on critical business work for my accounts until I go on mat leave, and trying to get the holiday approved will be a nightmare. i'd rather tack it onto the end (i.e. the next leave year) if they'd let me... but I was explicitly told they won't allow it.

my manager (and I) would prefer the same thing, but HR say no...
I'll check with Maternity Action though! thank you!

OP posts:
sackrifice · 11/01/2019 17:16

my manager (and I) would prefer the same thing, but HR say no...
I'll check with Maternity Action though! thank you!

I've already posted the ACAS link which states they have to let you have it.

pinkcarpet · 11/01/2019 17:19

Are you planning on working right up to your due date?

AnchorDownDeepBreath · 11/01/2019 17:20

I've already posted the ACAS link which states they have to let you have it.

That refers to maternity leave accrued whilst your off; correct? OP is talking about leave she has already accrued now.

My work is the same, you have to take leave accrued before you go on maternity before, but anything you accrue during leave is tacked on to the end or whatever you want to do with it. We can be paid for anything over statutory if we prefer.

Original poster
RaynarsWheel · 11/01/2019 17:20

Yes, spotted that now - thank you.

This is the salient bit: "An employer must ensure that an employee is able to take all of their annual leave at some point." - my manager will resist this strongly. HR say I must take it in order not to lose it.

i'm going to put on my big girl pants and tackle this with my manager to see if we can come to some sort of (legal) arrangement that also means i'm not penalised!

OP posts:
museumum · 11/01/2019 17:22

Surely you’d want to finish at least 7 working days before your EDD anyway? Two weeks is a good cushion to chill out / prep your bag and the house.

Whatsnewpussyhat · 11/01/2019 17:27

When are you actually planning on starting maternity leave though?
Just use the accrued holidays first then start your actual maternity leave/pay on due date.
You will then continue to a accrue holidays for the 2nd half of the year which you can then tag on when maternity ends.

CantWaitToRetire · 11/01/2019 17:27

Can you put them on the beginning and start your mat leave two weeks later than originally planned?

pinkcarpet · 11/01/2019 17:27

Raynar sorting this with your manager now will be a good rehearsal for life after you return to work. Before DD1 i could never say no to a client or a ridiculous deadline but now with 2 dc i frequently have to or I'd never see them

JellyBellies · 11/01/2019 17:37

I'm pretty sure you accrue them when you are on maternity leave you don't lose any of your benefits and holidays is one of them. And you obviously can't take them when you are oon maternity leave!

If not, you could just start your maternity leave later and take your accrued holiday first?

TeacupDrama · 11/01/2019 17:40

legally you can be told when you are taking your annual leave they can make you take it before 1st July, but if for business reasons you can't take it then they must let you carry it forward

They would be silly not to let you take it in June as there is a possibility that any project started in June could go unfinished if you delivered early

HR is right they can insist you take it before EDD if you are given the opportunity to take it and you refuse you could lose it, so if they said we are quieter in 3rd week in feb you better take your leave then then that is an opportunity even if it is not your choice, do most people take all their annual leave each year when they want it

NChangeForNoReason · 11/01/2019 17:56

I work for a big bank and I have to do the same ... I'm taking my remaining 2w leave then my mat leave will start on my due date.

Most people want a couple of weeks to themselves before baby arrives, so not sure what the problem is.

emzw12 · 11/01/2019 18:05

I had a similar issue - if I used my holiday before my mat leave i would have missed the end of a big project. I just agreed to tag them onto the end of my mat leave. Although our Hr dept say formally that you have to use them before you go, there are local agreements in place for occasions like this.

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