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Leave entitlement during AML

30 replies

JennyWren · 10/05/2005 09:20

Hi,

I'm about to go on maternity leave, but I have been having some problems establishing my maternity rights at work during my additional maternity leave - can anyone help?

Basically, as I understand it from reading the Maternity Alliance website and the government DTI and TIGER websites, whilst I'm on AML the statutory right to 20 days' leave per year applies - ie, I should be able to accrue holiday entitlement even when I'm off work on AML. When I had my maternity leave planning meeting with HR at work (about 6/7 weeks ago now - they kept delaying it because of holidays...) they said that this wasn't the case, so I printed off the official info I had and they said they would look into it. At the time, I thought that they just weren't really up to date on the legislation - I think that I'm the first person lately to have intended to take any AML.

But I've had a call from my HR person to say that her colleague in the other office is going on some training about it today, and can I go in for a meeting tomorrow - apparently, some new legislation is coming into force which says that the statutory leave entitlement DOESN'T apply during AML. I've been on the internet for ages but I can't find any info about this new change. Does anyone know anything about it? Is this right? And is there a set date from which it applies? I am due on the 11th June.

Thanks for your help. I think that forewarned is forearmed - I just want to know what I'm likely to hear, so that I don't get fobbed off with a load of waffle...

OP posts:
LunarSea · 06/06/2005 11:18

Jenny - I found a bit here which says "But what about accrual of holiday during additional maternity leave? The law is once again unclear, although it is hoped that this issue is soon to be decided by the European Court of Justice. Employers who do not permit holiday to accrue during additional maternity leave should therefore watch this space and be aware that they may be incurring a potential liability."

Not a definitive answer - but a reminder for them that they can't just say no and forget it at this stage.

Unfortunately it seems this won't now be affecting me directly

JennyWren · 06/04/2006 21:37

Does anyone know if there has been any update on this? Has this been heard by the European courts?
My company is now being arsy about my return to work part-time...
I think I am just going to leave, but I need to make sure that I get everything I am entitled to!
Thanks everyone Sad

OP posts:
JennyWren · 07/04/2006 11:45

Is LunarSea still posting on Mumsnet? CAn anyone else help with with this?
Thanks in advance.
JW

OP posts:
PoopyNappy · 10/04/2006 16:54

JW I would consult a solicitor or CAB.

try looking at www.eoc.org.uk I think they have a helpline as well

JennyWren · 11/04/2006 18:02

Hi PoopyNappy,

Yes, I think we have a legal cover/free consultation with a solicitor thing through our house insurance, so I'm going to look into it.

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