Annual Leave Rights while on Maternity

I was TUPEd over in May 2016. I went on Maternity Leave in January 2017. My holiday calendar runs January to January. In January I took 10 days holiday. My previous employee stated I would be able to cash in any days I didn't use while on Maternity Leave to boost monthly income. I've asked my Team Leader with my new employer if i can take the remaining 18 days as cash as I'm not due back until January 2018 and he has said "HR said that it will be encased during the final settlement when you leave the organisation". My questions are 1) am I entitled to take it as pay and 2) shouldn't the new employer be following my previous employers process? There is nothing in my contract that covers Maternity and when i look up the company maternity procedure it doesn't mentions anything about annual leave.

Comments

  • I don't know the answer to your specific question but, depending when in January you planned to come back, couldn't you come back in December but go on holiday ?


    That way you have time with the baby but paid for it at the full rate
  • Savvy_Sue
    Savvy_Sue Posts: 45,938
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    "HR said that it will be encased during the final settlement when you leave the organisation".
    If that means what I think it means, I don't think they can do that ...

    I'm not entirely sure of the legal situation: we don't offer to pay those on maternity leave for their annual leave, we encourage them to take some before and after maternity leave so that once they're back, they don't have too huge an amount left to take before the leave year ends! They are usually paid for around a month before they're back.

    (What I think it means is that any annual leave the OP was entitled to but did not actually take in the leave years in which she took maternity leave will be paid for when she leaves the organisation - which could be years in the future!)
    Signature removed for peace of mind
  • I am due back the middle of January and tbh I probably will be handing my notice in as they aren't going to accommodate my request for part time working hours. Thank you for your advice both.
  • I am due back the middle of January and tbh I probably will be handing my notice in as they aren't going to accommodate my request for part time working hours. Thank you for your advice both.

    Just read your contract if they've paid you enhanced maternity pay
  • Just read your contract if they've paid you enhanced maternity pay

    It doesn't mention Maternity in my contract I'll check the Maternity policy but from memory it doesn't mention anything to do with annual leave either.
  • Hi all,

    Sorry to but in but i am wondering if someone could please advise me. I have been unhappy in my job for many years the polite way to explain it is bad management. i am currently on maternity leave and have received a small bonus from work, if i don't go back will i have to payback the bonus? Thank you in advance.
  • JReacher1
    JReacher1 Posts: 4,652
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    anon1974 wrote: »
    Hi all,

    Sorry to but in but i am wondering if someone could please advise me. I have been unhappy in my job for many years the polite way to explain it is bad management. i am currently on maternity leave and have received a small bonus from work, if i don't go back will i have to payback the bonus? Thank you in advance.

    Check your contract
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