Maternity leave and holiday entitlement

honeymom

You can loose any holiday you don't take in the financial year so if you went on leave in May You would either have to come to a compromise with your Employer before you left or Take the whole 28 days before you started your leave... They don't have to carry it over beyond their usual policy I.e if you usually have to use any remaining leave before the end of April then that still Applies .. so if your not planning on returning before the End of the financial year Take it before your Mat leave or you could Loose it. Remember you can put your Mat leave start date as your due date and take 28 days Annual leave before that Potentially

Mudd14

That's not true. Your employer must give you the chance to take the statutory minimum as with sick leave if you are off the complete holiday year they must allow you to carry days forward.

honeymom

Really Mud ? because That would be very interesting information for My colleague who is being forced to either take hers before the end of the month or loose it? (yet she is still on Mat leave i.e they want her to come back early but take annual leave) As was I hence why I had to tag it on to the end,,

Does going on leave in May as the poster stated though count as they wouldn't be on Maternity leave for a full financial year As they would have had time to take it before they went on leave?

getmore4less

There was a ECJ ruling that changes things, I don't think this is in our WTD rules yet, but I think it would be unwise for an employer to ignore the ruling and best practice to allow holiday to be taken at the end of ML.

Not all goverment websites refer to this ruling yet.

the ruling was to do with holiday while sick but expected to apply to any stautory absence like ML.

loads of links here is one to an ET case
http://www.xperthr.co.uk/blogs/employment-intelligence/2010/02/tribunal-allows-sick-employee.html

Bobl

From Direct Gov:

"For babies due on or after 5 October 2008 you will build up all your entitlements to paid holiday through all of your Statutory Maternity Leave. This is even if your contract says you are entitled to more than the statutory minimum.
You can add holiday to the beginning or end of your Statutory Maternity Leave. You may not be able to carry over untaken holiday entitlement if your Statutory Maternity Leave goes over two holiday years. It is often best to take this at the beginning of your leave"

Entitlement to accrue Bank Holidays is not so clear, and in my experience I have never known anyone to accrue them. I think it depends on whether you would normally work a Bank Holiday; if not you are off on them anyway just as you are on Mat Leave. Just an opinion as I can't find any definitive rules on them.

getmore4less

Bobl wrote: »

From Direct Gov:

"For babies due on or after 5 October 2008 you will build up all your entitlements to paid holiday through all of your Statutory Maternity Leave. This is even if your contract says you are entitled to more than the statutory minimum.
You can add holiday to the beginning or end of your Statutory Maternity Leave. You may not be able to carry over untaken holiday entitlement if your Statutory Maternity Leave goes over two holiday years. It is often best to take this at the beginning of your leave"

Entitlement to accrue Bank Holidays is not so clear, and in my experience I have never known anyone to accrue them. I think it depends on whether you would normally work a Bank Holiday; if not you are off on them anyway just as you are on Mat Leave. Just an opinion as I can't find any definitive rules on them.

That is probably out of date since ECJ and ET are interpreting the WTD to allow carry over.

If the bank holidays form part of your statutory minimum then they accrue under all circumstance, ALL contactual holidays now accrue for maternity not just statutory

[Deleted User]

getmore4less wrote: »

That is probably out of date since ECJ and ET are interpreting the WTD to allow carry over.

If the bank holidays form part of your statutory minimum then they accrue under all circumstance, ALL contactual holidays now accrue for maternity not just statutory

The rulings only apply to those who have been unable to take leave due to sickness. Maternity is not sickness.
In the same way you must actually return to work after sickness before taking paid leave under the working time regulations people on maternity do not and can go straight from maternity to holiday without having to reurn.
If company policy does not allow the carrying over of leave or only allow you to carry over a set amount, 5 days in my case. Then you must either use it before or finish you maternity in enough time to use your paid leave which is what I will be doing next April.

pinkshoes

Thanks for all the information everyone! I feel much more informed now, so will make sure I don't get screwed over.

Am planning lots of days off in the summer now, although I will be too "fat" to do the things I initially planned to do, so they'll have to be more sedate activities!