Can my entire years annual leave be taken from me?

getmore4less

Uncertain wrote: »

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

In this case both of you are wrong!!

The problem is that there are always conflicting laws that need case law to decide which wins.

AIUI we have two conflicting laws here,

Maternity laws are saying you should be able to take the holiday outside the maternity period.

WTD says no carry over.

which wins?

My guess is womens maternity on the grounds it makes WTD discrimitory.

Local goverment certainly seems to think this from the links I have found.

The problem has got a lot worse because maternity can now be so long it is easy to fall foul of this issue.

superflygal

Hi,

I had lots of problems with my company due to been treated like crap whilst pregnant. I did as many have suggested:

1) Found the law and printed the relevant bits off
2) Joined the workers union
3) Contacted the Union
4) put it all in writing with the print offs and sent to line manager, HR and Union.
5) Had meeting with HR, and made loads of notes, agreed to nothing there and then, said would have to think it all over.
6) Had final meeting with boss afterwards, and suddenly (after me saying the words 'discrimination') the company were falling over backwards to help.

Good luck. Don'r let them push you around. It was NOT YOUR FAULT your baby was prem. They are discriminating by docking your pay for that.

SFG x

Blobby8_2

superflygal wrote: »

Hi,
2) Joined the workers union
3) Contacted the Union

c
Love it, not a union member until help was required, horrible things unions arent they, until your up !!!!!! creek.
Good job theyre philanthropic
A union is there to represent its members, you should have already have been a member, as should everyone.

ajaney

getmore4less wrote: »

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.

I was made aware of the 'risks' of using my annual leave to run straight into Maternity leave & it was all clearly set out in the Maternity Procedure paperwork forwarded to me by HR when I informed them I was pregnant as to how this particular scenario would be dealt with.

The law seems very unclear on this issue so as I was given all the details upfront, I have 'accepted' I have 'lost' my 3 weeks (to be honest, I am not bothered, more important little one is okay after his early arrival lol!)

The issue perhaps for the OP is whether the finer details of her employers procedures etc were made clear when she advised she was pregnant & in the period leading up to her maternity leave.

getmore4less

ajaney wrote: »

I was made aware of the 'risks' of using my annual leave to run straight into Maternity leave & it was all clearly set out in the Maternity Procedure paperwork forwarded to me by HR when I informed them I was pregnant as to how this particular scenario would be dealt with.

The law seems very unclear on this issue so as I was given all the details upfront, I have 'accepted' I have 'lost' my 3 weeks (to be honest, I am not bothered, more important little one is okay after his early arrival lol!)

The issue perhaps for the OP is whether the finer details of her employers procedures etc were made clear when she advised she was pregnant & in the period leading up to her maternity leave.

Isn't that the point I made they told you what they think but LGE policy says different.

ON what grounds were they saying you could not carry over if you could not take the holiday before?

What happens to those that fit maternity in the holiday year and have no gap before or after to take the holiday could they take a full extra years holiday in the previous year?

jazzyman01

Blobby8, union is not the be all and end all. Like most reps they can give bad advice too. While not advocating not joining a union, I would suggest that anyone checks first. I have first hand knowledge of union reps (very senior) who have their own agenda and will pick and choose to raise their profile.

paddedjohn

surely women get enough time off on maternity leave as it is without demanding holidays aswell.

getmore4less

paddedjohn wrote: »

surely women get enough time off on maternity leave as it is without demanding holidays aswell.

Thats a seperate issue as is accruing holidays while sick.

The problem is it has been decided that both accrue holidays( see the references) and some employers are not letting their employees take them often using the WTD to justify this

clairec79

In this case though the OP may not have been using her holidays to run into maternity pay - if the baby was born at 24 weeks (she just says prem, so it could have been VERY premature) she may not have been planning on leaving till 37 weeks and had the holiday booked in the middle of those 3 months she planned to work in.

moomaa

If you start your maternity leave at the start of a holiday year and want a year off then you book 11 months maternity and one month holiday at the end. You still return a year after but are paid for the last month. SMP covers 9 months not 12.