Return to work after maternity leave and using up leave

[Sabs1981]

My maternity leave is due to end Sept 24th 2010, after taking a full year out (6 months full pay, then 3 months stat pay followed by 3 months no pay). By my return to work I would have accumulated 15 days annual leave (we get a total of 30) plus 8 days bank holidays

I have been told by my manager and work that they would prefer (HR used the word "encourage the employee" ) to take the 23 days leave once my maternity leave ends, so that I would return to work late October 2010.

However I do not want to do this and would prefer to have more than 15 days leave to take between October and March (in case of DD being ill etc) and would also like to carry 5 days over to the next year

Can my workplace make me take my leave the way they would like me to? I have asked my manager to call me at some point this week but would like some advice on here so I can be armed with information before I speak to him

I know my other options are to use up some leave whilst on maternity leave so I am getting paid, but I did want more leave available to me as I am going back full time after having my DD (who is my first) so we have no idea as to what to expect.

Another idea I thought of was as I have so much leave, I could possibly have 1 day a week from October to March off as leave, which would enable me to use up my leave

I hope I make sense as I know I've been rambling a bit

TIA

when does your leave year start and end? - If it's April - March and you're talking about what you'll have accumulated from April 2010 onwards - i.e. leave that you'll have accumulated within the same leave year, then I don't think they can force you to take it before you return. The law changed Oct '08, and the main point is that women who have been on mat leave should not be disadvantaged by the leave. If it's leave from 2009-2010 leave year (i.e. leave you accumulated up to the end of March 2010) then yes, i think they can ask you to take it before you return, as if you'd been in work during that period you would have had to have taken it already IYSWIM.

this link gives you the information you need.

HTH.

Thanks.

Yes, my leave year is from April - March. I suppose they can make me take the 8 bank holidays I have accumulated, as 3 of them are from 2009-10, and 5 of them will have passed by the time I return to work?

My work prefer you to take your leave at the end of your mat leave too. It's fair enough I think. You've had a year off to accrue that leave they don't want you to come back for 2 weeks then go off another week etc. However your last suggestion is a fair one and one that my work would allow, as that is consistent.

Btw if your DD is ill you are entitled to a certain of special leave for family crises, something like 5 in a rolling year, so I wouldn't worry about saving leave for that.

I wanted to use my leave one day a week but my boss more or less said no, as she wanted to see if someone would fill the sessions I eventually planned to drop straight away. She then asked me to use the leave all together at the end of my M/L and told me I would need to do this before the end of the financial year, which for me would have meant cutting M/L short.

Instead of getting annoyed (was I annoyed!)I asked for a copy of the "relevant guidance in the employees handbook". All of a sudden, with everyone up to speed with the guidance, people became more sensible and I negotiated cutting M/L short by only two weeks and then carrying over eight days into the new financial year, even though that was not usually "preferable".

hope I've not rambled.

Thanks bumper and logrrl for responding. I've arranged to speak to my LM tomorrow. I am going to suggest the one day a week proposal and also ask to be able to carry over more leave into the next year. No harm in asking.

Wish me luck!