Can my entire years annual leave be taken from me?

agrinnall

I couldn't see anything on the DirectGov site about this but how about telling your employer you're coming back to work 4 weeks before the end of the financial year, then tell them that you're taking those 4 weeks as the holiday that you're due, then at the end of the 4 weeks (or whatever is the required amount of notice) tell them that you've changed your mind about returning to work and you're going to take the rest of your maternity leave.

Tigsteroonie

agrinnall wrote: »

I couldn't see anything on the DirectGov site about this but how about telling your employer you're coming back to work 4 weeks before the end of the financial year, then tell them that you're taking those 4 weeks as the holiday that you're due, then at the end of the 4 weeks (or whatever is the required amount of notice) tell them that you've changed your mind about returning to work and you're going to take the rest of your maternity leave.

Because I read somewhere else (another thread probably) that maternity leave cannot be interrupted with a "period of work". Taking annual leave from work is considered a "period of work". You couldn't legitimately return onto maternity leave after that annual leave.

hkc_2

Thank you for the links, they should be useful. Its a shame that there are no identical cases and that the policies are all so vague. I would be less inclined to pursue the issue if I hadnt been told when working out my leave that I could simply carry it over as long as it is signed off by management in advance. I feel as if they are simply taking advantage of the fact that I wasnt able to do that. Also in the year end 2008 I was allowed to carry over extra leave as the department were to short staffed for me to be able to take it hence the reason I wasnt expecting any problems this time around.
What would happen to someone starting maternity leave in April or May for example as they wouldnt be able to use up leave before would they?

getmore4less

ajaney wrote: »

I am in the exact same position! I was going to use 4 weeks annual leave then start maternity leave 1 week before baby was due. I duly left work on annual leave but baby arrived 4 weeks early at the end of June instead of end of July..

I have lost the 3 weeks leave as I am only allowed a 5 day carry-over - I was going to carry over 5 bank holidays which had occured during my paid leave anyway, so I am 3 weeks down. If I had been going back at the beginning of April, I could have used the 3 weeks in March but I had decided to have the full year off & am sticking with that.

I work for local government so I am sure thay are dealing with this in the correct way.

They are the worst at telling porkies to get you to stay quiet.

NEVER believe you employer/boss or HR, always check.

Might be worth looking here section 4

http://www.lge.gov.uk/lge/core/page.do?pageId=126098


If a woman is unable to take all of her annual leave in the leave year due to being on maternity leave she must be allowed to carry it over.

hkc_2

That site is great. Thank you.
I cant believe the different information you get given depending on where you look. I had been under the impression that bank holidays couldnt be accrued whilst on maternity leave.

agrinnall

Tigsteroonie wrote: »

Because I read somewhere else (another thread probably) that maternity leave cannot be interrupted with a "period of work". Taking annual leave from work is considered a "period of work". You couldn't legitimately return onto maternity leave after that annual leave.

That's the information that I was looking for on the DirectGov site, I suspected it might be the case although if I was in the OP's situation (not likely given my gender ) I think I'd want something a bit more definitive than something somebody read somewhere. However, it looks like the references to the Gomez case should be pretty useful in getting an exception to the carry over policy made anyway.

Tigsteroonie

hkc wrote: »

What would happen to someone starting maternity leave in April or May for example as they wouldnt be able to use up leave before would they?

Given that if we were to have a second baby there is every chance s/he could also be premature (Andrew was 11wks prem), I think I won't save my annual leave to take just before maternity leave - I'll be ensuring I take my year's entitlement beforehand.

getmore4less

Here is another lGE reference from 2007

http://www.lge.gov.uk/lge/aio/707500

allthough not directly relevent(and old) it shows the interpretation in another situation. see section 5,6

there may be more recent guidence

(paid stat holidays have increased from 24-28 since then, I actualy think this is wrong for teachers but thats a different issue)



If you get the seach words right you can dig up quite a lot.

Hammyman

Uncertain wrote: »

Wild generalisation!

It is not as simple as that - suggest your read the whole thread!

I've employed people. I'm quite well aware of what is and isn't in respect to holidays.

Uncertain

Hammyman wrote: »

I've employed people. I'm quite well aware of what is and isn't in respect to holidays.

I imagine that is what the OP's employers would say too.

In this case both of you are wrong!!