holiday entitlement in mat leave - need legal advice/HR info

[oliali7]

I work for a small privately owned co and the boss is a control freak, unable to take advice from anyone.

I informed him i was pregnant 6 weeks ago, due on 5.10 and said I would be going on mat leave mid sept, taking my due holiday beforehand.

I am of the understanding that holiday accrues as normal throughout OML so I would be entitled to my full holiday allowance fro the year (runs apr-Mar). When i was paid last week he asked the wages girl to tell me that I will only get holiday entitlement upto when i go on leave - ie. nothing will accrue.

done some more research today and found somewhere, but unfortunately didn't print out, that OML accrues all the contractual rights, and if your baby is due on or after 5.10.08 (!!) you are entitled to statutory rights so that would be the statutory holiday entitlement.

I need to find some site where this is written to put in front of him as don't want to leave till last minute and I need to take it beforehand as he will wangle his way out of it otherwise.

Advise please if poss

Not very user-friendly but BERR is the most 'official' looking, see here for start of main guide to maternity leave, and here for the specific bit about contractual rights during maternity leave. As you will see, it changes for babies due in Oct as you have found.

you are right. Your contractual right to annual leave carries on as normal when you are on maternity leave. I took my annual entitlement of 5 weeks after my years leave and was paid for that in full.

there is information on www.direct.gov or www.acas.org.uk amongst other sites.

I didn't realise it was changing for babies due after October as well.....beetles off to have a look

Thanks both - knew wasnt going mad - just got to put in front of him now - what a popular person I'm going to be!!