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accrued holiday - going back part-time

5 replies

voyagerfan · 31/03/2009 16:04

Hello, might be a silly question....but...
I was fulltime, and will have been off 7.5 months of the year on maternity leave (holiday runs jan-dec, new holiday in jan).
Im applying to go back part-time, what will happen to the holiday accrued? will i have all of it or will it get pro-rata'd?

OP posts:
flowerybeanbag · 31/03/2009 19:21

You will still have your holiday as you were on full time hours when it was accrued.

cazzaben · 31/03/2009 19:22

Don't quote me on this but i think if you haven't taken the holiday by the end of your holiday year then I do believe its lost...

BUT...

All holiday you will have accrued from Jan- whenever you go back will need to be sorted with your company as every company is different. There are no specific rules (i dont think) on when and how you can take holiday.
I know that before I went on Mat leave in Feb 08 I took 13 days (directly before going)...
Hope this is making sense.
If anyone else can help that would be great!!
xx

voyagerfan · 31/03/2009 20:51

cool!

OP posts:
choufleur · 31/03/2009 20:54

when i went back i did a few weeks full-tim (and took full time annual leave) and then went part-time.

fishnet · 31/03/2009 20:59

Both flowery and Cazzabean are correct. You will get it on the basis of your full time role since you will not be part time until you return HOWEVER the maternity legislation at the moment operates so that you lose all holiday if you go over into a new holiday year so unless your employer allowed you to carry it over anyway, it will have been lost.

This is a rule that can be challeneged however on the back of recent case law that basically states that employees on sick leave can accrue their holiday and carry it over. Its arguable that if sick employees are allowed to carry over the holiday then preventing employees on mat leave from carrying it over would be discriminatory. This hasn't been tested yet but is bound to be.

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