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Being forced to take holiday over xmas?

11 replies

GYoIsReallyHavingABaby · 16/12/2008 10:27

Can employers force employees to take their allocate vacation over the xmas period?

Im 6mth pregnant and have been planning my vacation allowance very carefully since Septemeber (beginning of holiday year) to enable me to take a chunk of holiday pre due date, then my maternity leave from my due date onwards.

Work have just sent out an email saying we should not work on 22/23rd Dec (we get 24th off as additionl day anyway).

I'd rather work or i will have to change the day I start my maternity leave... can they force me to take holiday?

I work for a huge global organisation who have very fair policies on this kind of thing and a massively generous maternity leave so I dont want to rock the boat but still seems rather late in the day to tell us this!

OP posts:
Tortington · 16/12/2008 10:36

you need flowerybeanbag, however i work for a large orghanisation shit hot on legislation - and i do remember something regarding our policy of compulsery three days over christmas for those who do not celebrate it - we are public sectorish - so v. pc

have you a union?

ring acas - they are always happy to help.

GYoIsReallyHavingABaby · 16/12/2008 10:38

Thanks- not sure about a union... Im already taking holiday on the days after xmas to 5th so hoping im fulfilling any obligations there...

The more I think about it, it wont be a disaster- means finishing for pre mat leave holiday on a tuesday rather than previous Friday..... Will think on it....

OP posts:
hecAteAMillionMincePies · 16/12/2008 10:39

yes, they can.
acas

Amapoleon · 16/12/2008 10:40

My dh has to take about 15 days over Christmas. It really piddles me off!

flowerytaleofNewYork · 16/12/2008 10:40

What does the annual leave policy say?

It's perfectly legal for an employer to tell employees when to take holiday, the only legal requirement is that you actually get the amount of holiday you are supposed to. Any issues about when it's taken are between the employer and employee.

I would expect their annual leave policy to specifically say they can say when you take it, or at least to be worded such that it doesn't go against the policy to do so.

Do you know you continue to accrue your holiday all throughout maternity leave now? So you should have quite a lot, are there not a couple of those days you could use for the chunk before maternity leave?

GYoIsReallyHavingABaby · 16/12/2008 10:46

Thanks Flowery...

I get a lot of holiday and will acrue it whilst im off. So I've planned to take it as a chunk before my maternity leave starts. Mat leave then starts on my due date.

So only issue is that I will move those two working days so I have to work an extra two days after my anticpated end date. So I finish on a tuesday rather than friday of previous week.

Not the end of the world at all I know... just been mentally preparing for finishing on a certain date....

OP posts:
GYoIsReallyHavingABaby · 16/12/2008 10:47

will check Annual leave policy too...

OP posts:
Bumblelion · 16/12/2008 10:52

The company I work for increased our basic holidays from 20 to 21 days but now stipulate that we have to take 3 days for the Christmas shut-down (no choice), or pro-rata for those who work part-time.

Previously, the office opened and it was the employee's choice if they wanted to work or not but now there is no choice. Some people (not me, I love it) hate Christmas and like to come into work between Christmas and New Year and now they do not have the choice.

The trouble I am finding this year is that, for the first time, we have to work a full day Christmas Eve (finishing at 5:30) whereas previous years the Christmas Party for employees was held at 12:30 pm and finished about 3 pm. Always had the afternoon off. The procedure now is that we have a big Christmas Party for all employees, paid for (including entertainment - band, disco, artists, etc.) which was held last Tuesday - not good for going into work on Wednesday!

Also, the office re-opens on Friday 2 and if you do not want to work that day, you have to take that day (another one!) as Annual Leave.

The company does award loyalty days for service (extra day for 2 years service, maximum of 3) and we can buy extra days through our flexible benefits scheme but it seems that you have to buy the extra days to account for the days that are automatically deducted over Christmas.

It always was that an employee had 4 weeks holiday a year, to be taken at any time, but no more than 2 weeks a time unless with prior notice. Now an employee only has 3 weeks and 2 days to take because of the Christmas shut-down.

flowerytaleofNewYork · 16/12/2008 10:54

Bumbelion do you know that the basic legal entitlement for staff who work 5 days a week is 24 days? Do you get bank holidays on top of the 21 days?

GYoIsReallyHavingABaby · 16/12/2008 12:32

Checked policies and seems they can do what they like... as I mentioned before its not a disaster, just annoying. Especially to get such late notice...

Amapoleon - what does your DH do to be forced to take 15days?

OP posts:
Bumblelion · 16/12/2008 12:33

Sorry, yes, meant to mention that we get 21 days basic entitlement + 8 bank holidays.

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