Reduced holiday's due to maternity leave - Correct?

csa

I normally get 20 days annual leave a year, however my employer has told me that as I am due to go on maternity leave in September, I will lose a couple of these days. Could someone please tell me if this is correct?

Thanks

plumpmouse

Hi

I'm pretty sure your still entitled to your full annual leave. I certainly had full annual leave as I added it on to my Mat leave to give me 7 months off.

HTH

silvercar

Your entitled to annual leave for the first X weeks of your maternity leave. The only problem is I can't remember X! There was a court case recently which gave the ruling.

Counting_Pennies_2

Your employer sounds very mistaken. You are not to suffer a detriment during pregnancy and maternity leave and that includes having your full annual leave entitlement. The time you take off for maternity leave doesn't stop the clock ticking to entitlement at work.

I'll find the link I am searching for and edit this in a minute so you can show it to your boss.

CIS

During the 26week statutary period you remain on your standard terms and conditions of contract and are treated as if you are still working and accruing holidays.

buxtonrabbitgreen

this happened to someone where I used to work. The union sorted it out for her. If you have a union see them. I am sure your employer is wrong.

Counting_Pennies_2

Here it is. I couldn't copy a link to the website as it is an HR site I subscribe to, and I couldn't find the wording in the DTi and ACAS websites that I know are there, but for some reason the websites are causing me a few problems getting into, so I have copied at the bottom of this reply.

I would however speak to ACAS 08457 474747 to verify as obviously I can't be liable for any legal information. I am however aware in 1998 the working time regulations stated during AML (Additional Maternity leave) the employee entitlement was to statutory annual leave, although I think this was over-ridden by the new maternity and family friendly policies that came in in 2003, so you will need to check to be sure. This could be where your employer is referring. I haven't been aware of any company refusing the full annual leave, but the law has wonderful holes in it, so it will be interesting if you could come back and confirm what ACAS state for sure.

I would get ACAS to forward you the relevant wording to show your employer.

If need be I would copy and paste the below to your employer and say it has come from 'ConsultGee' a specialist HR advisory website specifically on the subject of:

The Status of the Employment Contract During OML (Ordinary maternity leave)

Under the maternity legislation, during ordinary maternity leave (OML) the employee's contract of employment continues. Therefore she has a statutory right to continue to benefit from all the terms and conditions of her contract of employment with the sole exception of "remuneration". The Maternity and Parental Leave etc. Regulations 1999 (SI 1999/3312) reg.9, defines "remuneration" as "only sums payable to an employee by way of wages or salary"). This provision applies to all female employees regardless of their length of service, or the number of hours they work per week or month.
For example, as the entitlement to annual leave accrues while the employee is at work, it must continue to accrue while she is on maternity leave.
Any failure on the part of the employer to maintain contractual benefits would constitute a breach of contract. Failure to continue benefits would also amount to sex discrimination. Women do not require any minimum period of qualifying service to complain about either of these to an employment tribunal.

saver_sam

When I went on Mat Leave in 2002, I took 2 weeks holiday before I started Mat Leave and then acurred leave until I returned 4 months later. My only downer was that the holiday year end whilst I was off and because I had a little time over what I was allowed to carry forward, I lost that entitlement.

seren_3

Hi,
Ive been speaking to my employer today about this very subect!!
You are entitled to all annual leave allowance whilst on paid and unpaid leave.
In my company we also get our bank holiday entitlement while you are still receiving maternity pay,but not during any unpaid leave.
Ive been on maternity leave for 9 months now(taking full 12mths) and my employer has worked it out that i am owed 4 weeks leave out of last years holidays so am adding this on at the end of my maternity leave so i get to stay off till Sept.
Id love to stay off work longer,but me and hubby getting sick of beans on toast!!

Lillibet_2

Yep, you are allowed your full annual leave entitlement, HOWEVER, your employer is not obliged to let you take annual leave before you have earned it (say 4 weeks AL working a 5 day week would let you earn AL at a rate of 2.4 days per motnh), you are only entitled to take annual leave accrued upto the date your maternity leave starts, any annual leave wich woudl accrue after you start yoru maternity leave has to accru & be taken after you return from mat. leave, if you see what I mean?

I.e :
4 weeks annual leave per annum.

Start mat. leave 1st July therefore you may only take 2 weeks annual leave Jan-June, the other 2 weeks haven't been earned yet so you can't take it until after it is earned during july-dec (even though you will be on mat. leave) so it will be added to your AL allowance when you return to work/payed in lieu if you don't return.

Of course, employers at their discretion may be generous enough to allow you to take AL before you have earned it.

Hopew this makes sense

csa

Thanks for all your replies, I am digesting them now and will update you in the near future.