Being forced to take all annual leave before ML starts

[Est103]

Hi,

Looking for advice on this situation...I'm due in mid Feb and taking my ML from early Feb. I have been furloughed since March this year so have built up 16 days annual leave, plus I will get 20 days annual leave during 2021.

My employer has send through a maternity policy which was updated Nov 2020 (after I told them I was pregnant), and it states:

"We request that all accrued holidays or any holidays that will accrue during your maternity leave are taken prior to maternity leave starting, and these are requested in the usual way."

This makes absolutely no sense to me, why would I take 36 days annual leave before my ML, when I could take it after and enjoy longer with the baby? Can they legally make me take all my leave in this way? I won't even have accrued most of it for 2021 if I go on ML in Feb! What if I then leave and have to pay it back?

They have separately confirmed with the whole company that any leave accrued while on furlough can be carried over for the next 2 years, so it also seems like discrimination that I'm being asked to take my leave before Feb.

Any advice welcome, I really don't want to start using leave which could be better spent after my SMP ends. Plus I'm likely to be furloughed until my ML starts, so will be 'giving' up the £2,500 pay for December and January in place of an annual leave payment.

Thank you in advance :)

Very odd that people are saying it is selfish of the OP to want to stay on furlough rather than annual leave. Why? It makes zero difference to the taxpayer at all. HMRC will fund 80% and if the OP takes holiday, the employer will top up to 100%.

”They have separately confirmed with the whole company that any leave accrued while on furlough can be carried over for the next 2 years, so it also seems like discrimination that I'm being asked to take my leave before Feb.”

Are you, though? A maternity policy is a permanent thing, and written as such. The company-wide memo is time-limited, written for very specific circumstances. Is there any reason to think the furlough/holiday policy doesn’t apply to you specifically? Has anyone actually said to you that the special carry over rule doesn’t apply to you?

Some companies who staff have been furloughed are asking them to use annual leave up , its ok maybe carrying a couple days over bit if someone has 25 days and then 25 days next year thats a lot of leave.
So asking you take leave accrued under furlough is fair enough , the other leave not accrued is not