Carrying holidays over

Mimi_Arc_en_ciel

Will keep this short:

I go on Mat leave for 39 weeks. Will return to work sept 2012. Whilst on Mat leave I accure holidays - I work 2.5 days a week and am entitled to 18 days holiday a year. holiday year runs Jan 1st - Dec 31st.

From when I come back to when work break up for Christmas it is 40 "working" days for me. Minus the 18 days holiday leaves me working 22 days.

Boss didnt realise I would still be entitled to holidays - wants me to "carry" some over into 2013.

Can he force me to carry them over? I dont mind the odd one but he seems to want me to carry a fair few.

not sure if there is a law about holidays?!

Jarndyce

Law on holidays is contained in the Working Time Regulations.

As I understand it (but there are constantly changing European decisions in this area and I'll no doubt be told if I'm wrong!) you have a basic statutory leave allowance of 4 weeks (or pro rata) which cannot be carried over under any circumstances*. You then have an additional leave allowance (1.6 weeks or pro-rata) which can only be carried over by agreement.

Based on your figures you appear to get 10 days basic and 8 days additional holiday per year.

The upshot being that you cannot be forced to carry over any of the leave, and indeed can only agree to carry over the 8 days additional leave, even if you want to carry over more.

Now watch someone shoot me down in flames! (*for example - I haven't a clue what happens when the maternity leave covers the whole of the leave year and there's no time to take even the basic leave!)

getmore4less

You can carry over the holiday year if that date is within the leave.

holiday should be take in the leave year if possible.

You can carry forward and take some of them before you do on maternity and this seems the be the recomended option to ovoid this over hang issue.

That should use up a few before you go on maternity.

There is another option, have a temporary increase in working hours/days for a few weeks and take holiday so you still work 2.5 days


How many of these are you using to cover the Xmas break?

how are the 18 days determined? 36 days for a full timer is very generous.

Mimi_Arc_en_ciel

Sorry i think i may have confused you both

jan 1st 2011 - Dec 31st 2011 I was entitled to 18 days holiday. When I go on maternity leave (6th Dec) I will not have any holiday left as I have used them all up.

Jan 1st 2012 - Dec 2012 I will have 18 days holiday entitlement, however, I am on maternity leave until 4th September 2012. I will have 18 day's holiday to take from 4th Sept 2012 - 31st dec 2012.

My boss wants me to carry over some of the 2012 holiday entitlement into 2013

LadyMissA

Mimi_Arc_en_ciel wrote: »

Sorry i think i may have confused you both

jan 1st 2011 - Dec 31st 2011 I was entitled to 18 days holiday. When I go on maternity leave (6th Dec) I will not have any holiday left as I have used them all up.

Jan 1st 2012 - Dec 2012 I will have 18 days holiday entitlement, however, I am on maternity leave until 4th September 2012. I will have 18 day's holiday to take from 4th Sept 2012 - 31st dec 2012.

My boss wants me to carry over some of the 2012 holiday entitlement into 2013

'
Holiday entitlement

You build up all your entitlements to paid holiday through all of your Statutory Maternity Leave. This is even if your employment 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 Statutory Maternity Leave.


http://www.direct.gov.uk/en/Parents/Moneyandworkentitlements/WorkAndFamilies/Pregnancyandmaternityrights/DG_175088

paddedjohn

just tag your holidays onto the end of your maternity leave.

Mimi_Arc_en_ciel

paddedjohn wrote: »

just tag your holidays onto the end of your maternity leave.

Which is what I want to do but boss wants me to carry them over - hence the question "can he make me"

paddedjohn

you cant be forced to carry any of your holidays over, you must be allowed to take them in the year accrued.

getmore4less

Mimi_Arc_en_ciel wrote: »

Sorry i think i may have confused you both

jan 1st 2011 - Dec 31st 2011 I was entitled to 18 days holiday. When I go on maternity leave (6th Dec) I will not have any holiday left as I have used them all up.

Jan 1st 2012 - Dec 2012 I will have 18 days holiday entitlement, however, I am on maternity leave until 4th September 2012. I will have 18 day's holiday to take from 4th Sept 2012 - 31st dec 2012.

My boss wants me to carry over some of the 2012 holiday entitlement into 2013

Thats what I thought, no confusion

Don't some of those 18 days cover the 2012 Xmas break

Are you on holiday now? you could use some between now and maternity if not.

One way to encourage a more flexable approach is to point out that if you take the full maternity you won't be back till the 6th Dec and with all that holiday you won't return to work till mid Feb!

Mimi_Arc_en_ciel

No doesn't xmas 2012, the days I work coincide with xmas day and boxing day so only need 0.5 day hol for 27th. No not on hol now, at work next week then break up for mat leave. Have used all 2011 hol leave

Gillyx

Where have you been Mimi, come back to the pregnancy thread, we miss you.