Holiday entitlement on maternity - can anyone help?

[Parapluie]

Am hoping someone can point me in the right direction over this.

I return to work beginning Feb. I will have accrued about 4 weeks holiday whilst on maternity and my firm would prefer that I receive payment in lieu for it or I take it as a chunk before returning.

I get paid on 26th of each month so if I will have to work for 3 weeks before I get paid.

I will be returning part time but previously worked full time.

My question is ... if I keep my return date of first week Feb BUT take the first month as accrued holiday - will I get paid for that month? I would like to extend my time with DD but couldn't afford to do it so if I was paid that would be super.

Or would it mean (as I suspect) that I would go without pay for a further month, in which case I will have to go for payment in lieu.

Any advice gratefully received...

I got paid my holidays. I think it's standard that it's paid holidays you accrue.

It was fab as I was going back part time but accrued full time holiday entitlement so got 4 weeks fulltime pay before I went back part time. A useful boost to out flagging finances as I had taken 6 months unpaid AML.

Think you're legally entitled to your paid annual leave, and you can take it at the end of your maternity leave.

Hopefully someone with more expertise will tell you for sure.

In the meantime, here's Thompson's on it:

www.thompsons.law.co.uk/ltext/l1510004.htm

They can't pay you in lieu if you're staying in employment, but isn't taking it at the end the same thing anyway?

If you have 4 weeks holiday, take them starting first week in Feb, so you are paid as usual in Feb but will be on holiday rather than at work.

Make sure your new hours start effective from beginning of March or whenever.

Thanks everyone for being so helpful.

Flowery - why do I need to worry about my new hours beginning after the holiday entitlement has been taken? I have signed a variation of contract saying that from the beginning of Feb I will be part time. But that can't override my statutory rights?

No your statutory rights aren't affected, that's holiday you've now earned.

Two reasn. Firstly if you're not actually going to return to work physically until March, staying full time in February means you will accrue holiday at full time rate during that months.

Secondly, and most importantly, if you have 20 days holiday to use up, I would have thought using them all in February and being paid full time for sitting at home then returning to work on your new hours would be preferable. If your hours are, say, 3 days a week from beginning of February, you could be on holiday for those 4 weeks but only use up 12 of your 20 days, meaning you either have to stay off for even longer or take them later, and of course you would only be paid at your new part time rate during February. Staying full time during February means you can take 20 days in 4 weeks and be paid full time.

It doesn't really matter, but I would advise that for both your benefit and your employers. It's 'cleaner', gets it all out of the way and gives you more of a lump of money together.

Thanks for this Flowery - this is really helpful. I see what you mean now about not going part time until I actually return. Not sure I would mind taking the holiday whilst being part time though - could stay off with my DD for even longer!

Well that's true! Whatever works for you.