Holiday Entitlement before taking Maternity Leave

horse76

I'll be going off on Maternity leave later this year, but I'm abit confused about holiday entitlement.

Do I still get my full entitlement as an employee, and can any holidays I don't use be paid in with my salary before I finish? Or, will I only get part of my holiday entitlement up until I finish? I'm sure my employer thinks the latter, but I want to make sure. Is this right? Thanks

layanna_jade

Hi

You are still an employee of the company and therefore will be entitled to to your entire year's holiday entitlement. When are you planning on going on maternity leave and from when to when does your holiday year start and end?

horse76

Hi Layanna, My holiday year runs from Jan - Dec and I've not got an exact date yet, but will probably begin my mat leave at the end of August.

layanna_jade

Hi

You should then be allowed to take the remaining holiday entitlement from when you leave to the end of the holiday year before you start your maternity leave so for example, if by by the time your maternity is due to start you have 15 days holiday left from the entire years entitlement, you would take three weeks holiday and then your maternity leave will start at the agreed date.

I had an employee whose maternity started in October (our holiday year went apr-mar) so she left four weeks before her maternity started as she wouldn't be back to work by the end of the holiday year.

Hope that makes sense.

mikey72

If you have worked there more than a year, normally you will be entitled to the full years holiday entitlement this year and next, and can either take them all, or carry some of this years to next. You can't usually demand to be paid, but you can ask. They can refuse however.

horse76

Thanks Layanna and Mikey - it's making more sense to me now.

I've worked with the company for more than 7 years. I've not told them I'm pregnant yet, but have already got most of my holiday dates in up until July. A collegue of mine has been told she's only getting the holidays she's due up until the day she finishes to go off on mat leave - this is what got me thinking, as I was sure that wasn't right.

Thanks

purplepardalis

You are entitled to the same amount of leave whilst you're on maternity leave as if your were working. Obviously you would take it in one lump but don't let them get away with saying you won't accrue whilst you're off!

horse76

Thanks purple, No way would I let them off with it, I'm no push over when it comes to things like this. I just hope my collegue who's due to finish soon gets what's she due.

tigtag02

horse76 wrote: »

Thanks Layanna and Mikey - it's making more sense to me now.

I've worked with the company for more than 7 years. I've not told them I'm pregnant yet, but have already got most of my holiday dates in up until July. A collegue of mine has been told she's only getting the holidays she's due up until the day she finishes to go off on mat leave - this is what got me thinking, as I was sure that wasn't right.

Thanks

They can actually do this. They can only let her take what she has accrued up to the point in the holiday year she starts her mat leave.

HOWEVER, they would the have to pay her the outstanding holiday in her salary at the end of the holiday year (in your case March) or carry it over into the next year when she could tag it to the end of her mat leave.

I hope this makes sense.

tt

horse76

tigtag02 wrote: »

They can actually do this. They can only let her take what she has accrued up to the point in the holiday year she starts her mat leave.

HOWEVER, they would the have to pay her the outstanding holiday in her salary at the end of the holiday year (in your case March) or carry it over into the next year when she could tag it to the end of her mat leave.

I hope this makes sense.

tt

Thanks, I'll let her know and it's all clearer to me now. :beer:

mikey72

Working time regulation changed this.
If you have worked more than 1 year, holiday isn't "accrued" anymore, it should be annual, but if you then leave part way through the year they can withhold pay if it's in your contract to do so.

They have to carry it over if you don't use it, as your right, but they are not compelled to pay unless they want to.