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can work force me to take annual leave as pay instead of tagging it onto the end of my mat leave?

5 replies

Meglet · 28/04/2009 16:38

I'm due back at work in August after a years maternity leave. Before I left my line manager wouldnt let me take all my annual leave and said I could roll it over to when I get back in case I wanted to work short weeks for the couple of weeks back, I only have 6 days BTW.

Now her new senior manager has said I have to take the money instead of having it as leave . Which I have said I don't want to do.

Can they make me take the money? I assume they can't.

OP posts:
DLI · 28/04/2009 19:38

i thought you had to take your holiday entitlement for the year in that year, ie you should have taken it before your maternity leave or you lost it? not sure though!

PortoPandemico · 28/04/2009 19:40

If it is for 2008, normally you have to take it by a certain point in the year.....

lisad123 · 28/04/2009 19:46

You are entitled to any holiday leave you gain while on materity leave or any you hadnt used before hand.

"As statutory holidays cannot be taken while an employee is on maternity leave, it is important for the employer and employee to discuss and agree the arrangements for the taking of statutory holidays. You should bear in mind that a decision of the European Court of Justice suggests that employees should be allowed to take their accrued statutory holidays on their return from maternity leave, even if this falls in a new holiday year. Where the employer offers a holiday entitlement over and above the statutory minimum, the employer?s own policy will determine the rules for taking this additional holiday, which must have been incorporated into the employee?s contract of employment. Employers are able to make a payment in lieu of any additional, contractual holidays, as long as this provision is contained in the employee?s contract."

Meglet · 28/04/2009 19:52

lisa that is good info . I'm irritated that my boss suggested I used it when I went back but her new boss is changing the goal posts. I don't think I get any more than the statutory minimum. Did you get that info from another web page?

OP posts:
lisad123 · 28/04/2009 20:10

yes i did, do a google search, there is loads on there.
My boos bullied me when i was on materity leave and wouldnt let me have my AL as weeks off as she knew I was leaving, so insisted I take it as a lump sum, it was 10 weeks worth!!

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