Holiday gained on mat leave

[schapps30]

Hi,

I have read through quite a few things however I am still not clear.. see my enquiry below.. if anyone can advise..

I am currently on mat leave and due to go back 4th Oct.. I finshed 4th Jan this year so I was only taking off 9 months. I have just found out I am preg again and will be due in march (v.early days). Since being off I have accured hoilday from march up to oct 1.66 x 9 plus bank holidays. I have been employed with my company coming up for 7 years this dec. I have no special contract not sure if I even have one as my company is very small, I have only recived stat mat pay. My question is if I hand my notice 4th sept which gives a month, am I still going to recieve my holiday pay owed?? Or am I better off going back for a couple of months then hand my notice in??

Thanks in advance!!

You are definutely still entitled to any holiday that has built up since your time off.

However why not write your boss a letter stating you would like to officially start back to work on the 4th Oct and would like to take any holiday owing to you from that date. That way you will still recieve full amount of SMP for 9 months and have an extra holiday bonus payday for October. Also you are legally meant to write to inform your employer of you intended return date if it's before the year is up with 28 days notice.

You may need to put your resignation on a separate letter so these things are treated as separate events, even if you post them together.

I went back to work after a year and pregnant so sent my employers 2 letters in one envelope. 1) My intention to return and the hours I wanted 2) My pregnancy and intended leaving date. I got help from the directgov website for letter templates so I knew I had all the legal stuff covered.

Good luck

Speak to the company. If you hand your notice they have to pay you but may let you work your notice as holiday.

I.e. work out how many days you have 20 ish and say you'll return on the 4th Oct but you want to resign from the 24th. The employer if they agree will just pay you 20 days holiday rather than have you back just to leave and they still have to pay you the 20 days.

thanks guys for answering.