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Original poster

Maternity Leave and holiday entitlement?

48 replies

soremummy · 28/02/2008 10:42

Can anyone help me on this? My employers holiday year runs Jan to Dec and I worked 4 days a week with a total holiday entitlement of 16 days a year. I took 4 days holidays before taking my m/l in April last year. My smp ran out in January and in February I decided not to return to work. I have just had a payment into bank today (I think its from my employer but it's a total pittance) I need to find out would I / should I still be payed for my holidays? Anyone able to advise. Thanks

OP posts:
MissingMyHeels · 28/02/2008 10:45

Yes you do accrue holiday pay whilst off on mat leave but I am not sure you can just be paid for it, I thought you had to take it.

Lemme read through my mat leave stuff...

flowerybeanbag · 28/02/2008 10:45

yes you should be paid for any holiday entitlement you've accrued during your maternity leave.

And if you are on 4 days a week your holiday entitlement should be more than 16 days a year, since October when the statutory minimum went up. It's now 24 days for a full week which means it should be at least 19.2 days for you.

flowerybeanbag · 28/02/2008 10:45

mmh she can't take it she's left

Original poster
soremummy · 28/02/2008 10:52

lol changing a vile nappy!!

Forgot about the hols going up. But am really annoyed that I got what probably equates to about one days pay!

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Original poster
soremummy · 28/02/2008 10:53

I reckoned that I should have had about 2 weeks money?

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MissingMyHeels · 28/02/2008 10:53

Yes, I saw that I just wasn't sure if they would pay in lieu as if returning to work I know they can't just pay you for it and you have to take it but if you're leaving I guess they have to!

Original poster
soremummy · 28/02/2008 10:57

I really feel they are taking the p* especially since I went in 3 half days with the baby to help them out when they where stuck. Gonna go and pick up my wage slip and ring payroll see whts going on. But I do know that the director (whom I worked beside and got his frigging sandwiches and collected his dry cleaning) always said that hols are jan to dec with no carrying on but surely if I was on Mat leave theyn I should carry over to next year?

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Original poster
soremummy · 28/02/2008 10:58

sorry typos baby on knee

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flowerybeanbag · 28/02/2008 11:18

soremummy regardless of normal hol year, if you are on mat leave you can't physically take it so normal 'no carrying over' rules can't apply.

Original poster
soremummy · 28/02/2008 11:31

Thanks flowerybeanbag. Just trying to get my head round it but without payslip can't really. I have a funny feeling that they have paid me holidays from beginning of jan till middle of feb when I gave in my notice. Will go later and sort it and let you know when the fight begins lol. Cos I will fight for it if im owed it.

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flowerybeanbag · 28/02/2008 11:43

Absolutely you do that!

I'll find you a link to show him if you need to, hang on.

Here about what the statutory holiday entitlement now is.

Here about holiday during mat leave. I may be wrong it does seem to say that you might not be able to carry it over therefore you should discuss taking some before you go on mat leave.

It is illegal to carry over or pay in lieu of the statutory annual leave entitlement unless the contract is terminated, but then the contract was terminated after the end of the holiday year wasn't it?

Ooh you may lose out on this one. Did you not take any leave entitlement before you went on mat leave? Did your manager discuss with you how much holiday you'd have during the time you were on mat leave and explain that if you didn't take it you'd lose it?

flowerybeanbag · 28/02/2008 11:53

But you must be given the opportunity to take your leave entitlement, were you given that opportunity? If not, could be sex discrimination.

It seems a bit unclear at the moment whether it will be legal to allow carry over or paid in lieu statutory holiday entitlement where a woman has been on mat leave and has been unable to take it, I think it's one of those things where someone needs to 'test' the law, and I am not to be more aware of what is happening in this area.

flowerybeanbag · 28/02/2008 11:57

Have had a bit more of a dig, it seems it's not yet clear, but may be inevitable that carrying over of statutory hol entitlement will be allowed. Only problem is I don't think it technically is at the moment so unless you want to be a test case you may hvae a problem.

But if you don't feel you were given an opportunity to take your entitlement for last year, that could be the issue.

Original poster
soremummy · 28/02/2008 11:58

I took 4 days in February. Then started maternity leave in April. The company is funny about when you take hols i.e. 1 week spring, 2 weeks in summertime and 1 week in winter before a cut off in December. No one ever told me anything about my hols. Initally I was gonna go back to work in January and the director said that he would tell payroll that I started work 2 weeks before I actually did so that I would in effect get my holiday pay.

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Original poster
soremummy · 28/02/2008 12:02

Do you want to help me be a test case?? If it comes to it.

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flowerybeanbag · 28/02/2008 12:12

I think you'd be likely to win, if there are restrictions about when you can take it, and you were not able to because of your mat leave, that should be sex discrimination.

It sounds as though the director isn't being malicious and cheap if he was initially going to sort it to make sure you got it, so before we get all carried away I think you should investigate what has happened and then ask the director to pay it you anyway, on the grounds that you had no opportunity to take it. He may do so, in which case there will be no problem.

I would love to help you be a test case but I am not a solicitor and you would need one of those I'm afraid! Well, technically you wouldn't but really you would.

Original poster
soremummy · 28/02/2008 12:24

Thanks flowerbeanbag. I just hope that it was a mistake and will speak to director later to sort it out. BUT if he does get funny will remind him he offered to pay before and also wouldnt allow me to take hols unless it was within the time scale they had set... which effectively means I couldnt as was on mat leave and if I had been a man would that have happened.

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callmeovercautious · 28/02/2008 12:25

Really interesting. I was allowed to either take mine or be paid it at the end of Mat Leave (I returned PT). Do you have a Maternity Leave Policy and an Annual Leave Policy? Read through them and double check if it is mentioned. If not and you were not given the chance to take your leave then I would think that they are breaching Working Time Regs.

As flowery says though I can't remember seeing any cases about this, perhaps it usually just gets paid or the employee decides not to bother persuing it. Many women I have spoken to did not even realise they accrue Holiday so I suppose a lot do not bother checking.

I agree with Flowery; first steps would be to go into your old workplace and talk to Payroll. It may be an error which they will rectify next month. If not make an appointment to meet the Director and discuss it. Let us know what happens

Original poster
soremummy · 28/02/2008 12:28

I will keep you all informed. Thanks

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K999 · 28/02/2008 12:32

I did not return to work at the end of my OML and AML and I received full payment for all the hoidays that I had accrued, so I would check with your employer to see what it is exactly that you have been paid for. If you cant take your holidays (as you are on ML) you are entitled to be paid for it.....will see if I can find out more.....

Original poster
soremummy · 28/02/2008 12:34

thanks k999

OP posts:
K999 · 28/02/2008 12:35

I did not return to work at the end of my OML and AML and I received full payment for all the hoidays that I had accrued, so I would check with your employer to see what it is exactly that you have been paid for. If you cant take your holidays (as you are on ML) you are entitled to be paid for it.....will see if I can find out more.....

FAQ · 28/02/2008 12:40

Don't know if this helps at all (actually I'm shock about this).

I went on Mat leave last May, took all my AL entitlement for the remainder of the year (also a Jan-Dec AL year) in April and was paid for it (obviously). Resigned on the 1st of January this year (and therefore "left" at the end of my Mat leave at the end of the month) , popped back in the other day to collect my certificates and drop of my uniforms and my manager informed me that I'd get my last wage slip and my P45 at the end of this week - she seemed quite surprised that I was "owed" anything from January at all

But I think (if she's right - I'll let you know tomorrow when I check my account ) that they pay office have realised that accrued one nights AL in January and are going to pay me for it!! (the reason I'm shocked is that they have a record of "short changing" people in things like this.....wasn't going to bother making a fuss about it if they didn't, but if they do WOOHOO!)

K999 · 28/02/2008 12:44

I have found this...."the employee cannot take contractual annual leave during her OML, as this would come under the remuneration exclusion, but it would appear and she is entitled to statutory paid annual leave under the Working Time Regulations. She will be entitled to take paid leave during a period other than her maternity period, because maternity leave is not a holiday and the time spent by the woman on ML cannot count against her hoiday entitlement...

have to rush and change nappy......back soon....will try to find a case if I can

K999 · 28/02/2008 12:49

I have found this...."the employee cannot take contractual annual leave during her OML, as this would come under the remuneration exclusion, but it would appear and she is entitled to statutory paid annual leave under the Working Time Regulations. She will be entitled to take paid leave during a period other than her maternity period, because maternity leave is not a holiday and the time spent by the woman on ML cannot count against her hoiday entitlement...

have to rush and change nappy......back soon....will try to find a case if I can