All holidays lost, please help

[jaabaar]

Hi,

My due date is 21/1/10
Maternity start date 7/1/10
Maternity end date 7/1/11
Annual leave in my company calculated 1/1 to 31/12.

First my employer said I am not entitled to holidays as I got 90% of salary. I disagreed of course and told him to check again. He said I cannot take holidays as company does not carry over to next year the holidays.

So, just because I give birth at the beginning of the year which falls in the same period as the annual period of leave I loose all my holidays ((.

Do I have the following options:
a) shorten the 12 months maternity leave and return after 11 months (which would mean I would be in the annual leave period of that year) and take the 12th month as paid holiday.

or

b) take holiday from the 2/1/10 until my due date (hoping I dont give birth early) and at least take 13 days of my holiday?

or

Are there any other options????

I am so upset... thinking that I have worked 1 hour 30 minutes over time for free for the past 3 years and now they told me , better luck with next baby.....

I would much appreciate any advise. thank you very much.

G

Oh Just been reading some other posts:
It says that if you have 20 days paid holidays plus 8 days bank holiday I should get 28 days paid annual leave??

Is that true?

I urgently need reply as my employer wants my opinion tomorrow (although he is like 15 days late wiht the letter confirming maternity start etc)!

Please pleaseo give some advise tonite as I must talk to my employer tomorrow. thanks so much!!

I think they HAVE to pay you for your holidays due

Or allow to take them

hi jaabarr

everything you need should be on the direct.gov site.

I'm no expert on maternity leave and rights (no DCs yet) but I've used this site before for redundancy info - it should list the minimum allowance your company should give yyou. Some are more generous...

Hope that helps

is the whole year paid at 90% of your wages?

free legal helpline 0800 013 0313 provided by www.workingfamilies.org.uk/asp/family_zone/factsheets/pdfs/WF_maternityleave.pdf

try this website for advice

Hi there. You continue to accrue holiday during mat leave.

I have coied the attached from the direct.gov.uk website:

If your baby was due on or after 5 October 2008 you will build up all your entitlements to paid holiday throughout your Ordinary and Additional Maternity leave. This is even if your contract says you are entitled to more than the statutory minimum.

You can add holiday to the beginning or end of your maternity leave. You may not be able to carry over untaken holiday entitlement if your maternity leave goes over two holiday years, so it's often best to take this at the beginning of your leave.

Hope that helps.

Also the ACAS website is a good place to look/show your boss!!

and maybe this one

THank you very much for the replies!!!

1st: I get paid the normal 90% wage for 6 weeks.

2nd: Iam aware I accure the holidays however
I am refused as my maternity leave year falls EXACTLY in the same period I am allowed to take my annual holidays (e.g. 1 Jan to 31/12)

I cannot find anywhere provision for this exceptional situation. I have read that if you dont take the holidays before the maternity leave the employer is not obliged to carry over to new year the holidays.

But what if you cant take it before and you cant take it after???

thank you very much again!!!!!

Is flowerybeanbag still around? she'd know the answers.

Does your employer have a written policy about maternity leave entitlements. My employer certainly allows annual leave to be accrued while a woman is on maternity leave but I have no idea whether this is discretionary or dictated by the law.

If you would be allowed to accrue annual leave normally while on maternity leave, I can't see how they could justify denying you the same right just because of an accident of timing.

Flowery on maternity break

I think this may be one incidence when they cannot refuse to carry over your annual leave.
Worst case scenario go back early and take it as holiday then.

You may decide you want to go back before 12 months are up anyway.

is the last 6 months of your mat leave unpaid?
if they dont have to let you take it then take 11 months mat followed by your month holiday as suggested

I can't see how he can make you lose earned annual leave. You need proper advice on this. Phone the CAB in the morning.

They have to give you your holidays, and I'm fairly sure the fact that the leave year coincides with your maternity leave doesn't matter - ie they shouldn't apply the "use it or lose it" rule, in these circumstances. I'm sure this has been mentioned in previous threads, will see if I can find it.

Flowery is on Maternity leave I think.

You cannot lose your statutory holiday allowance. As I understand it you HAVE to take the minimum amount of holiday each year (or have the opportunity to take it) this right remains when on Mat leave.

You do have the right to the accrued time regardless of the company rules, the legal requirement for you to take your annual leave will over rule this.

Check with ACAS by phone in the morning - they have a helpline on their website.

Thank you so much for all your replies. My boss checked with ACAS and said they confirmed I am not entitled to it as my maternity leave coincides wiht the annual leave period. I will call them myself in the morning.

All this rush now! And my company has not stuck to the rule that employer has to confirm maternity leave within 28 days of letter I wrote (which I did on the 4/10) However the draft letter they show me is dated 19/10........

Good point about the minimum holiday you must take per year which still should apply to me!

thanks again!

Hi - this link should help - www.personneltoday.com/articles/2009/06/17/51110/holiday-pay-and-sick-leave-ramifications-of-the-str inger.html

"Q What are the implications of the ruling on mothers who return after one year's maternity leave?

A The employee accrues annual leave during the whole of her maternity leave so the employer has to find a way of permitting the mother to take the statutory annual leave or to make a payment in lieu."

if you take payment in lieu it is the same as taking 11 months mat leave and 1 month holiday, you still get 12 months off work, and are paid for 1 month of it.

Exactly cosette - the onus is on your employer to ensure you have the opportunity to take the leave that may well mean paying you in lieu on return.

The key here is that the legal requirement outweighs company policy and procedure.

Thanks! I have copied the link. Although I think My boss will just say whatever ACAS says is valid.

Sometimes I feel very used for having worked so hard! Two more people have been employed to take over my work and they are complaining of being overworked, although the total workload has been greatly reduced before they STARTED even work!

Can make you bitter, seeing that they are pleased to have gotten away with not having to pay the holiday! not even a suggestion of how it could be solved, e.g. 11 months leave and then one month paid.

ANd I worked 7 years there...