unpaid maternity leave & annual leave

[titchy77]

I am currently on my last month of unpaid maternity leave after having a year off. I work in the NHS and have just got another job in another nhs trust. I have given my letter of resignation and start my new job next month. My question is I had 6 weeks annual leave owing which I haven't taken and assumed I would be paid this but today I got a letter saying I have no annual leave owing due to being on unpaid maternity leave. Is this correct? I thought I would still be entitled to it/paid for it?? Thanks

You probably only accrued annual leave during your paid mat leave ie 36 weeks annual leave pro rata depending on your hours. You should still get paid for this. Speak to HR

Am also NHS. You do accrue AL during unpaid mat leave but as you are moving to another Trust it cannot be transferred. You might have been more savvy to return to work but on AL and then hand in your notice during your AL. Guess that's a bit underhand though!

You continue to accrue annual leave throughout your maternity leave, paid and unpaid, at your normal rate, and if you leave employment without having taken it you must be paid it.

Agenda for change terms and conditions handbook link here Section 15 covers annual leave - which is accrued during paid and unpaid leave (15.49)

I agree with flowery - you definitely accrue annual leave throughout both unpaid and paid maternity leave. Do the 6 weeks relate to the current holiday year? If so, you should definitely be paid for them. If some of your holiday relates to a previous holiday year, check with flowery/ribena as to whether you are entitled to be paid for these "rolled over" days as i'm not sure of the current law on this.

Thanks for all the advice, I tried that link lal but it won't work on my computer!
Yes weasel they relate to this current year. I am hoping I am entitled to it, if I'd of known I wasn't I would of asked to use my annual leave as part of my unpaid leave. I think I will ring hr tomorrow and ask. Thanks again!

Honestly, you are entitled! I was paid my accrued holiday a few weeks ago after taking the full year maternity leave so I know! And because i'm nice here is a cut and paste from lal's link:

Accrual of annual leave
15.49 Annual leave will continue to accrue during maternity leave, whether paid
or unpaid, provided for by this agreement.
15.50 Where the amount of accrued annual leave would exceed normal carry
over provisions, it may be mutually beneficial to both the employer and
employee for the employee to take annual leave before and/or after the
formal (paid and unpaid) maternity leave period. The amount of annual
leave to be taken in this way, or carried over, should be discussed and
agreed between the employee and employer. Payment in lieu may be
considered as an option where accrual of annual leave exceeds normal
carry over provisions.

Thanks weasel! Titchy - if you google Agenda for Change handbook you should get a link.

Yes, you are entitled to it.

There is a bit of a complication if it relates to a previous holiday year (not relevant in your situation) as it is probably legitimate to apply the same holiday carry over regulations as you would to anyone else. However, in this situation you would make it very clear to the employee in advance so that that they could take that leave at the start of maternity leave instead. You can't just randomly lose holiday!