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Original poster

Resigning on mat leave and holiday pay

12 replies

Devonmumma89 · 15/12/2019 20:46

Hi

I have resigned from my job whilst on maternity leave. My mat leave started in March, I was due to go back in January however this was not formally agreed. I decided not to go back after my return to work meeting and found another job which I start in February. I handed my notice in beginning of December and have worked out that I have accrued 28 days holiday including bank hols. I have had my resignation letter back from work confirming my last working day. They have said that my SMP pay ends on 21st December and therefore I am due to return to work on 23rd December so therefore would have to take holiday up until my notice period which eats into my holiday accrued which they should be paying me for.

Are they able to do this? As far as I’m concerned I’m on maternity leave up until my notice period and my maternity leave doesn’t end just because my pay does.

OP posts:
twinboymumma · 15/12/2019 20:50

Did you agree all your dates before you went on maternity? And was it written in a letter? Companies usually assume you will take the full 12 months unless you tell them otherwise. Assuming you've given the correct notice, they should end your employment when you stated (unless they're trying to get out of paying you as much holiday?).

leghairdontcare · 15/12/2019 20:53

If you've not given them notice of an early return then they should assume you are taking the full 52 weeks maternity leave and returning in march. However, if you're entering the unpaid portion of your leave then there's no functional difference to what you will get paid.

Use holidays as notice, you will get paid for that period.

Don't use holidays as notice, have a period of unpaid leave and then get your holidays paid.

As long as you get paid for the full holiday entitlement, it doesn't really matter how they log it.

Original poster
Devonmumma89 · 15/12/2019 21:16

This was another thing, I didn’t get a letter confirming my start and end date which I asked for so many times. But it says in there maternity policy that it’s 52 weeks unless you say otherwise. I did email my manager to say I was planning on coming back in January but he never replied or agreed it so to me that wasn’t formally accepted.

Leghairdontcare I’m a bit confused by your comment. They have said I’m only entitled to 20days holiday pay but I’m actually due 28 days which is quite a difference in the payment. I’m coming up to my unpaid mat leave at end of December. So will they pay my full wages from 23rd December until my last day of notice? So will my pay be the same if they paid me 28 days accrued holiday and if they pay my notice period?

Thanks for your help!

OP posts:
leghairdontcare · 15/12/2019 21:37

I mean you're entitlted to your holidays whether you formally 'take them' to cover your notice period or not. As you're not physically returning to work it's academic whether you are on annual leave or unpaid maternity leave.

What is your last day of employment as far as you are concerned?

As for the difference in your leave calculations and theirs, it seems like a big difference to lose 8 days but as I don't have all the info (leave entitlement, when the holiday year runs etc) I can't tell you who is right.

flowery · 15/12/2019 21:51

” They have said that my SMP pay ends on 21st December and therefore I am due to return to work on 23rd December so therefore would have to take holiday up until my notice period which eats into my holiday accrued which they should be paying me for.”

What difference does it make. Either you are ‘on holiday’ for part of the rest of your notice period or you are on unpaid maternity leave and they pay you your holiday afterwards?

If you gave notice that you were returning in January then that’s that, they don’t need to have formally accepted it, however if you’ve given enough notice to either change the return date or end your employment, it doesn’t matter.

Why the difference in calculations about holiday? If you started maternity leave in March you won’t have accrued 28 days while you’ve been off (unless you have a very enhanced entitlement?).

ChristmasCroissant · 15/12/2019 21:58

I decided not to go back after my return to work meeting

What happened at this meeting? Did you agree a return date or did you say then that you would not return to work at all? Assuming you didn't return to work when your SMP ended, would you receive any payment from your company or would you be using unpaid leave?

If you do not agree with the leave calculation then you need to speak to them about that. What is your usual annual entitlement?

Original poster
Devonmumma89 · 15/12/2019 22:13

I get 26 days holiday plus 8 bank holidays annually totalling 34 days from January - December.

I have been on maternity from 20th March and my last day is 3rd January. I took six days holiday before my mat leave. This means I have accrued 28 days.

They are saying it’s 20 days accrued up until 23rd December and I would have to use 8 days of holiday up until 3rd Jan.

I see what you all mean about taking it unpaid and getting holiday at the end. Or using my holiday I think it would all work out the same? I have serious baby brain sometimes!

OP posts:
leghairdontcare · 15/12/2019 22:21

They are going to pay you 28 days, yes? 8 that you will 'use' and 20 days that you're owed. Seems right to me.

ChristmasCroissant · 15/12/2019 22:27

So they have given you 28 days! They are using 8 of them possibly to cover a period of Christmas Closure.

From what you've said, you will be paid for 28 days. I'm not seeing the issue in the same way that you do.

Original poster
Devonmumma89 · 15/12/2019 22:31

Thanks. Sounds like a very convoluted way of doing it! Don’t know why they couldn’t just say you have accrued 28 days and we will pay you for them rather than complicating it with return to work dates etc. Must be a reason that makes their job easier or something!

OP posts:
Original poster
Devonmumma89 · 15/12/2019 22:36

Christmas Croissant - they haven’t been a great company to work for and haven’t followed protocols with a lot of things in my maternity. They also said initially that you don’t accrue bank holidays on maternity, it’s only because I sent a citizens advice link to them that they included them so I am already on the defence with them and wanted to check. I also completely missed that I would be paid for the 8 days between 23rd Dec - 3rd Jan I was just thinking that I was being paid for 20 days rather than 28 but I see it now.

OP posts:
flowery · 15/12/2019 22:41

”They are saying it’s 20 days accrued up until 23rd December and I would have to use 8 days of holiday up until 3rd Jan.”

Yes, that adds up to 28 days you’ll be paid for...

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