unpaid maternity leave and annual leave question??

[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

No this is incorrect, I think. You should check the Working families website, they have factsheets about maternity rights. You can even call the helpline.

I'm taking a year and have been told I've still got my annual 27 A/L days to use when I return. Not sure thou as its a different trust, I'd give your current payroll a phone to check this.

And I work in the NHS..sorry should have mentioned!!

Hi. I work in a local authority and accured my full AL entitilement after a year off (although then sold some back to employer). You certainly accrue annual leave during your period of ordinary maternity leave (which is 6 months), perhaps the leave accrual during AML period is discretionary? Even so, you still have six months leave accrued.
Are you in a union? Their employment officers will be able to help (if your HR, like mine, employ chocolate teapots!)

You should accrue during paid and unpaid mat leave see here www.businesslink.gov.uk/bdotg/action/detail?type=RESOURCES&itemId=1081597918

when i asked HR about this 18 months ago I was told that you only accrued A/L during your paid maternity - HOWEVER, since then another HR person has advised me that due to a legislative change in october 2008 (due to EU guidance) you are to be treated as an employee for the whole period of your maternity leave and therefore I accrue A/L for the whole year.... contact your union and perhaps even consider ACAS for advice

You accrue it for the whole year. You should be carrying over the 6 weeks to your new job. You are still an employee while on unpaid maternity leave.