Annual leave after maternity

[Mummytoone7]

I am currently on maternity leave and I am taking a year off work which is November to November. Because I am taking a year off and not the 9 months, my boss is saying I am unable to take my annual leave in December as it will be in the 3 months that are unpaid.
I have looked through my contract and it has nothing on there about maternity and annual leave so it’s really word of mouth from her.

I have spoken to citizens advice but they weren’t very helpful.

Our annual leave runs from the end of January to the following January and from what I have read online you accumulate leave while on Mat leave and shouldn’t be taking it while on mat leave, it has to be taken separate.
Does anyone have any advise for me or been in a similar situation?

So are you trying to to take leave mid maternity leave

Don't fully understand, but couldn't you just switch it around so that you take your leave at a time that you can take it?

Normally you're expected to tack your accumulated annual leave on to the end of maternity leave or use it for a phased return. I'm assuming you're intending to take your accumulated annual from the end of your mat leave (November) through Decemver.

You won't be in the unpaid period of mat leave in December because you won't be on mat leave, so I'm not sure what your manager is trying to say.

You can take it at the end of maternity leave but not during it.

Yes, take it at the end of your mat leave so you go back on the payroll in December but you don't go back into work until you've taken your accumulated leave - i'm assuming 4-6 weeks

@rwalker no, I am due back to work 24th November so I wanted to take my annual leave in December when my maternity has ended

@GoKatForDinner apologies, I was on a rant and it doesn’t make sense. I’m due back to work November 24th and I wanted to take it in December

@Mulledjuice yes that’s it. I’m due back end of November so I would of liked to have taken it in December or carry it over to next year but she is saying it’s in my 3 months unpaid (I don’t think she understands the unpaid bit)

She's wrong. Your 3 months unpaid is your maternity leave. Unpaid makes no difference. Your annually leave needs to be used after your mat leave.

@stichguru this is exactly what the internet is saying. I just don’t know what to do about it. It’s also my daughters first birthday the week I’m due back so I would have liked to take annual leave for that day.

I had a year off. Then I took all my A/L at the end of my maternity leave. I ended up with an additional 28 days. Talk to ACAS.

Do you have an HR department? Best thing to do is contact them.

Your employer has to let you take a full year maternity leave. They also have to let you carry over your accrued holiday during the year of maternity leave.

HOWEVER I believe instead of letting you take the leave once you return from mat leave they can instead pay out the accrued annual leave - so you get the pay in a lump sum when you return, rather than tacking it on to the end of your mat leave.

That's what my contract says anyway - best to check with your own HR department.

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

Your 3 month unpaid leave is maternity
yiu will accrue annual leave the entire time - speak to HR they will sort it

She doesn't. Do you have an HR department? A published leave policy?

Your manager hasn't got a clue what she's talking about. How will you be taking paid leave when you aren't being paid? You're entitled to your full allowance accrued over the time you're off as leave once you're back.

You need to speak to HR. She is talking nonsense.