Maternity leave, I think I've made a huge mistake along the way

[Linnet]

I'm entitled to 52 weeks maternity leave and only 6 months is paid. I have 6 weeks holiday to take before the end of the year and I checked with my line manager that I could tack the holiday on at the end of the 6 months paid leave, he said yes. so I put in for my 6 weeks holiday date starting the day after my paid leave finished and I'm due to go back in two weeks time.

But I think I've done it all wrong.

First problem is that I thought that I had to give 2 weeks notice of my date to start back, have realised now that I actually had to give 28 days notice so I've missed that deadline by a fortnight. I think they might ignore this as they are very short staffed and are desperate for me to start back.

But today I got my payslip for November and I don't have any pay. I thought that once my 6 months paid leave was up I'd automatically move onto my holiday pay and get a normal wage for November. But seeing as I didn't and I've been worrying about this all day I think I've done it all wrong.

I think what I should have done, and this is where I need you all to tell me if this is right or not if you know of course, is written in a month before my paid leave finished saying that I was coming back at the beginning of November and then my holiday pay would have kicked in.

I'm going to go in and talk to them on Monday as I need that holiday pay to pay my bills and buy christmas presents. And if I don't get paid for my 6 weeks holiday now I won't get it as they don't carry holidays over to the next year.

So have I mucked up big time anyone know? Does anyone know if they're likely to pay me my holiday pay sometime this year?

It's all such a mess

Please don't worry (easier said than done, I know!) Holiday and maternity leave is a horribly complex issue - I will look it up and get back to you in the meantime, here is a link to the wonderful people at the maternity alliance .

Sorry - won't be able to get back to you tonight.

Nah, couldn't leave it so had to find out - you do not have to give any notice if you are returning to work at the end of the six months paid maternity leave (the 28 days notice is for those going back before the end of six months or after the six months). As you had applied and they had accepted your application for annual leave starting at the end of the paid maternity leave - you should be fine - I think payroll just messed up or they were not told what you were doing and I am sure they will correct the situation after you contact them on Monday.

BTW, here is the relevant extract from the maternity alliance site:

"Do I have to give notice of my return from maternity leave?
You do not need to give any notice of return if you are going back to work at the end of maternity leave. You simply go to work on the day that you are due back:

If you are entitled to OML you will be due back to the work on the day after the end of the 26 week period.
If you are entitled to AML you will be due back to work on the day after the 52 week period.

If you want to return to work before the end of your maternity leave, you must give your employer at least 28 days' notice of the date you will be returning. If you do not give this notice and just turn up at work before the end of your maternity leave, your employer can send you away for up to 28 days or until the end of your leave, whichever is earlier.

Note: if you are entitled to AML but only wish to take OML you must give 28 days notice of your return as you are in fact returning early.

The law does not allow you to work for two weeks after childbirth and this period is known as Compulsory Maternity Leave. You will not be allowed to return to work during this time.

For more information on your rights during and after maternity leave see Rights During Maternity Leave and Returning to Work sections below."

OML=ordinary maternity leave = paid maternity leave

AML= additional maternity leave = 52 weeks maternity leave.

Sis, thank you. My dh thinks that Payroll have messed up but I'm not to sure now, been worrying all day.

I am entitled to AML so surely I would have to give notice of returning because I'm coming back early? Like I said though this might not be an issue as they are so short staffed everytime I'm in they ask when I'm starting back as they really need me there. Wish they would say it was because they missed my smiling face but hey I won't grumble about that fact that I'm wanted even if it is just to cover lunches and tea breaks, lol.

The lady in the office how dealt with it all is a bit dim at the best of times, my friend has advised me to bypass her on Monday and get in contact direct with payroll. I just hope that they agree to pay me my holiday pay asap as I really need it.

thanks once again.

Linnet, yes technically speaking you should have given notice that you are not taking your AML. However surely your holiday request is in itself notice of your intention to return.

I thik that your payroll have just forgotten your holiday request so you should be OK. Give them a call on Monday.

Yes, i think the fact that they accepted your request for the six weeks holiday shows that you had given notice of return and that they had accepted it - you cannot take holidays whilst on maternity leave, so if they said you could take hols after 26 weeks, they accepted that you would be returning after 26 weeks.

I still think miscommunication to payroll or payroll made a mistake.

Did you phone them today? is everything okay?

as a payroller, it's easier all around just to go directly to them, and bypass ur personel, they would normally let personnel know if it was major enought, sound like a bit of a cock up in payroll if u ask me, possibly they didn't have all the paper work?? depending on the circumstances they should be able to issue a cheque/ CHAPS payment or at least that's what we had to do in the council if we messed things up for an employee.

Linnet
If it helps to know, I did virtually the same thing nearly three years ago with ds1! I assumed that the annual leave human resources staff would liaise with the payroll staff - but of course, there is normally no reason to inform payroll that someone is on leave. I got my money in next pay packet as it was clear what my intentions were, like you.
As others suggest, go straight to payroll to ask if they can sort out asap... Good luck

I phoned payroll this morning and it's now all been sorted out. They will put my pay into my bank account by the end of the week, thank goodness.

I handed in a letter today to payroll for their records and I can start back in two weeks time as originally intended. Like I said they're very keen to get me back as they are so short staffed. But that was the least of my worries I was more worried about the money. But that will be sorted by the end of the week so I no longer have to worry. I was told though that because they've missed the pay deadline or something I'll only get a percentage of my normal monthly wage but it will sort itself out by the end of December as the part I don't get paid will be added to Decembers pay.

Thank you all for your help.

don't worry that will just be allowing for any tax/ni adj but as long as you get the bulk of it.

really pleased to know you are going to get the money!