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Original poster

Holidays after maternity leave

18 replies

JoandLily · 28/02/2022 16:24

Hoping someone can help me please. I returned to work in December after having a year off for mat leave. I have accrued 5 week's holiday In that time and my company holiday year ends the end of march. I would like to carry most of this over to next year but when I asked about this my boss said she would have to ask her boss if it was possible. I thought I had to be offered this as I haven't needed 5 week's off work in the last 3 months ive been working.
Can someone help please

OP posts:

dementedpixie · 28/02/2022 17:00

Could you not have taken some already since you've been back? I think its only if you haven't had the ability to take holidays that means you can carry that number of days over to the next year.

Taswama · 28/02/2022 17:04

You normally have to take your leave in the year you earnt it unless you are actually absent eg off sick or on maternity leave. As you've been back since December you will have had 3-4 months to take it. Your manager should really have discussed this with you before you returned but you shouldn't just assume you can carry it over.

dementedpixie · 28/02/2022 17:06

You can carry it over if being on maternity leave prevented you from being on annual leave. This doesn't seem to apply as you have been back at work for a couple of months and still have time to take some of it.

Associatepeggy · 28/02/2022 17:08

I think you have to be on mat leave when the holiday year ends, for the rule about carrying them over to apply.

As you have been back at least 3 months, I don't think they have to carry it over legally. You could have taken it, but chose not to.

But they may come back and say yes or at least yes to some.

BendingSpoons · 28/02/2022 17:11

This has been managed poorly if the discussions are happening now. They should have talked to you before now. If you had returned to work mid Feb they would have had to let you carry it over. As you returned in Dec, you could have taken it off. It's common for people to be encouraged to add a chunk onto the end of maternity, or officially end maternity later and take annual leave. At this stage you might need to compromise e.g. carry some over, take some in March, possibly sell some if this is an option in your work.

LIZS · 28/02/2022 17:11

Presumably some was from year ending March 2021, so they may expect you to use that portion by end of March 2022 rather than carry it over again.

MajorCarolDanvers · 28/02/2022 17:27

You are entitled to accrue all your annual leave during mat leave.

If you are unable to to use it because of mat leave your employer should allow you to carry it over or pay you for it.

Here is a useful link for more information from ACAS. Its worth giving them a call. They can advise you on the best way to discuss this with your employer.

www.acas.org.uk/your-maternity-leave-pay-and-other-rights/holiday-and-maternity-leave

Original poster

JoandLily · 28/02/2022 17:27

Thank you all

OP posts:

GinPalace2 · 01/03/2022 09:19

You had 3 months in which to take some or all of your 5 weeks leave. As a manager I would expect you to take at least 2 or 3 weeks in this time and agree to carry over say 2 weeks leave.

Normally an employer will ask an employee to take their accrued leave immediately after may leave as either a block or part weeks.

The issue for your employer is you start the next year with 10.6 weeks leave, trying to fit that in with colleagues and be fair to everyone can be difficult. Remember an employer can specify when you take your leave provided they give sufficient notice.

KindlyKanga · 01/03/2022 09:26

I don't think they have to let you carry it over as you've had time to use it. Or they could have given you an option to be paid instead when you returned. Now you are just treated like any other employee.

Original poster

JoandLily · 01/03/2022 09:36

Thank you everyone for your replies, if I hand my notice in and finish at the end of march (which I have been thinking of doing) am I right in thinking they have to pay me for the holidays I haven't used?

OP posts:

HunterHearstHelmsley · 01/03/2022 10:55

They will have to pay you but they may insist you take annual leave during your notice period. It depends on your contract.

AlexaShutUp · 01/03/2022 10:58

@JoandLily

I expect they would make you take the leave during your notice period in that scenario.

Original poster

JoandLily · 01/03/2022 11:19

I only have to give a weeks notice but am owed 5 week's holiday. So I'm assuming I should be paid 4 weeks?

OP posts:

AlexaShutUp · 01/03/2022 11:23

Yes, if you gave the minimum notice, then they would have to pay you for any unused leave at the end of your contract Are you sure that you only have a week's notice? Seems very short if you have been there long enough to go off on maternity leave and then come back again.

Think carefully too about pissing them off unnecessarily if you might need a reference at any point in the future.

Original poster

JoandLily · 01/03/2022 14:16

Yes it's definitely 1 weeks notice, I have been working there less than 2 years, I found out I was pregnant a few weeks after I started.

OP posts:

MajorCarolDanvers · 01/03/2022 19:10

@JoandLily

Yes they do.

If you are still on mat leave they can't require you to take it.

HunterHearstHelmsley · 01/03/2022 22:45

@MajorCarolDanvers

She is not still on mat leave. Its the second sentence of the OP.

I returned to work in December after having a year off for mat leave

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