Holiday accrued whilst on maternity leave

kevin0410

In my wife's maternity policy it specifically says that any holiday not used at the end of the holiday year will be paid at the end of the holiday year.
Having not received any payment for holiday at the end of the holiday year, she contacted the HR department only to be told that it is illegal to pay unused holiday and that the can use it when she goes back to work, resulting a financial loss for us. She will be going to see her manager to sort it out but in the meantime can anyone offer any advice?

Many thanks
Kevin

kevin0410

Mrsmoneypenny wrote: »

My daughter was told that she had to use her holiday entitlement up before she went on maternity leave, she is now taking a day off each week for 4 weeks and having two weeks holiday at the beginning of her maternity leave. She was told there was no other option but to use the holidays before giong on Mat leave. It was a matter of use them or loose them.

If your wife has it written down that her place of work has a different policy she must take it up with HR as soon as possible.

She was told she could only use what she had accrued before she went on maternity

Floss

Take a look at this: http://www.direct.gov.uk/en/Parents/Moneyandworkentitlements/WorkAndFamilies/Pregnancyandmaternityrights/DG_175088

And then go back to HR armed with the information.

kevin0410

Floss wrote: »

Take a look at this: http://www.direct.gov.uk/en/Parents/Moneyandworkentitlements/WorkAndFamilies/Pregnancyandmaternityrights/DG_175088

And then go back to HR armed with the information.

Thanks for that info but it doesn't say anything about having left over holiday paid.

GavB79

I was under the impression you could not be paid any longer for untaken holiday. I used to "sell" my holiday days a few years ago but was then told this was indeed made illegal and it was a case of use it or lose it. Some employers will let you 'roll it over' to the next period but they can't pay you for it.
This is just my personal experience. Sounds like they just haven't updated their policy for a long time, but even so they can't do it if breaks the law.

Decado23

kevin0410 wrote: »

Thanks for that info but it doesn't say anything about having left over holiday paid.

If your wife was planning to take any extended maternity leave with reduced maternity pay (or none), she may be able to reduce the length of her maternity leave and use up her paid holiday instead. Net result = same leave taken, holiday pay in your bank account

Rince

At my place of work our Maternity policy states the same as your wifes. Any holiday accrude but not used due to being on Maternity will be paid at the end of the year. I got mine paid in January. If your wifes maternity policy states that holidays will be paid then HR have to abide by it. Good luck.

Debt_Free_Dreamer

During my pregnancy I was working on a large scale project which meant I took little or no leave during the 9 months. My leave was carried forward and I ended up with a leave entitlement of 96 days for 2007/08. It was great!! I was going to leave for another job and they agreed to pay me for 4 weeks, but after I recinded my resignation I had to take the leave as they would not pay me. I had a great Summer, hardly at work.

Mudd14

Employers must allow employees to take there holiday entitlement, if they are on maternity leave then they should carry it over to the next year and paid at the end of the tax year or end of the maternity pay.

With regards to being paid for unused holiday this will depend on if the holiday is statutory or company holiday. Holiday increased to 28 days this year including 8 bank holidays, this is the minimum amount of time of that you are required to take due to health and safety and working time regulations, you cannot be paid for these 28 days if not takem. If your employer offers more than 28 days then it is between you and your employer to agree how/when the days over the 28 statutory limit are paid

Debt_Free_Chick

kevin0410 wrote: »

In my wife's maternity policy it specifically says that any holiday not used at the end of the holiday year will be paid at the end of the holiday year.
Having not received any payment for holiday at the end of the holiday year, she contacted the HR department only to be told that it is illegal to pay unused holiday and that the can use it when she goes back to work, resulting a financial loss for us. She will be going to see her manager to sort it out but in the meantime can anyone offer any advice?

Many thanks
Kevin

There won't be a financial loss. She will get the holiday pay, but needs to take time off for it. Any reasonable employer will allow her to add the holiday immediately after her maternity leave ends e.g. Mat leave ends on 30 April - she takes her holiday beginning on 1 May. In May she will be paid her normal rate of pay x the total holiday taken in that month.