Sorry, another annual leave/maternity leave question!

[hopefully]

I just want someone to tell me if HR are offering to do something they're not legally allowed to do here, as I don't want them to only discover it when they come to pay me!

I'm due at the beginning of September, and planning to work until mid August, taking 3 weeks of leave before my due week. I get 5 weeks (25 days) of annual leave a year (Jan to Jan), and have only take 1 day so far this year. HR have said that if I only take 3 weeks holiday before my due date, they will pay me for the remaining 2 weeks that I didn't take at the end of the year.

I've suddenly got concerned about the legal implications of them paying me for leave, am concerned there's some reason that it's not legal for a company to pay in lieu of annual leave to discourage people from not taking their leave.

So (a) is there any reason why they can't pay me for the 2 weeks (9 days) leave not taken at the end of the year and (b) in the unlikely event I feel fine and work closer to my due date, is there any reason that they couldn't pay me for the full 5 weeks?

Thanks!

Oh, and flowery/ribenaberry, if you read this, spoke to occ health about my bad back and they have been very supportive (no pun intended) and just told me to keep them informed once I've spoken to doc on thursday and they will try to accommodate any recommendations.

hopefully that's very naughty of them. The Working Time Directive means an employer can't pay an employee in lieu of holidays not taken, unless employment has ended.

They are also naughty for not making you take more holiday during the year, particularly while you are pregnant!

What they could technically do is put you back on the payroll for a couple of weeks at the end of the year so as far as anyone is concerned you are 'on holiday' for those 2 weeks, rather than on maternity leave. But of course as you are not starting maternity leave until September, you will still be receiving maternity pay at the end of the year and you can't receive maternity pay and normal salary at the same time, so you'll lose out.

I think they are being a bit incompetent tbh. As you accrue holiday throughout your maternity leave now, they should be encouraging you to take as much as possible before you go off, or at least where at all possible, your entitlement for that holiday year. They can't just give you a lump of cash, it doesn't work like that for obvious reasons.

As you have a dodgy back at the moment on another note I would not be recommending you try and work as close to your due date as possible. Why don't you take a week off now, then 4 weeks before you go on maternity leave?

I was worried that was the case! Thanks for clarifying a bit.

I get 20 weeks full pay, so if they put me back on the pay roll they would just be paying me exactly what they're paying me anyway, so I would effectively lose out.

I'm not entirely averse to taking my full entitlement for the year before my due date, although I'm not desperate to if I don't feel I need to (am hoping the back problem is more due to over-exertion than pregnancy related and therefore likely to continue)

I'm going to speak to them about it, as I definitely don't want any risk of it coming to the crunch and me missing out on leave and/or money!

Just out of interest, if they offer to carry over anything between 2-5 weeks through to the next holiday year and tack it onto the end of my maternity leave (effectively giving me 2-5 weeks of full pay at the end of my AML, as well as any holiday accrued from January onwards), is that also not allowed? Assume not, if they're not allowed to pay me in a lump sum.

I think my (very junior) HR guy is a bit clueless, although very good natured, so I'd like to go and present him with the facts (feel it should be the other way around!) and also present him with what I plan to do.

We MNers are very lucky to have yours and Ribenaberry's boundless wisdom to call on for all meternity leave issues - I have yet to ask anything that you don't know the answer to!

Sorry, am hoping back problem is not likely to continue

Oh, and just mentioned this to a (non-HR) colleague who says my employer has opted out of the working time regulations - don't know if this affects anything (if he's correct about this)

This is handy for him, BERR FAQs on holiday, including payments and carry over, and maternity leave issues.

You need to take it. If you check that link you can carry over a week, if you must, but I'd try and take all of it if you can - you'll have holiday coming out of your ears next year anyway!

It is possible for employees (not the employer) to opt out of part of the WTR, the bit about how many hours in one week; that stuff, but not statutory holiday legislation.

Ooh, thanks for the link. I think you're right, and it's best to take the holiday to
(a) make sure I'm sufficiently rested! and
(b) to avoid any problems with discovering that they can't pay me for it at the end of the year.

In a way it's quite nice, as I was saving the leave in the hopes of getting paid for it (mercenary? never), but it'll be quite a treat to have an unexpected couple of weeks extra to take!

What Flowery said!

Oh, and glad they're being helpful about your back. It sounds like a week off on holiday is just what you need...

Not sure if this helps but would the "keeping in touch" days be any use ? Like as a loophole for paying holiday pay.