returning to work after leave and holidays

debnlee_2

hi , im due to return to work on the 21st sept after been on maternity leave. i gave the correct 8wks notice. my holidays run from jan until the end of November , i have 17 to take and little time to take them in, i only work wkends so as you can imagine i would have to have nearly every wkend of. i asked my employer if i could take 6 hols and just work and be payed for the rest ( as i know he did this for another member of staff) he refused, so i said ok i will take all my hols on the end of my maternity leave and return to work mid November, he says i cant do this either, can anybody please give me any advice??? thanks in advance

Uncertain

If you only work weekends (i.e two days per week) then I'm struggling to see how you have 17 days holiday owing? That would be the equivalent of 42.5 days for a full time person.

Have you agreed to reduce your hours from full time?

Subject to this you are of course entitled to take whatever holiday is due but your employer can, with only a few limits, tell you when you must take it.

debnlee_2

i did work 3 shifts but have dropped it down to 2 starting when i return to work so i still get my hols based on 3 shifts from jan to sept 21st then after that from 21st sept untill end of dec my hols are based on 2 shifts. i worked this out at 16 days hol but my boss says 17 so i wont argue hope that makes sense

anamenottaken

debnlee wrote: »

i did work 3 shifts but have dropped it down to 2 starting when i return to work so i still get my hols based on 3 shifts from jan to sept 21st then after that from 21st sept untill end of dec my hols are based on 2 shifts. i worked this out at 16 days hol but my boss says 17 so i wont argue hope that makes sense

It seems that those holidays (16 or 17 days) are for a year based on a full-time person getting the minimum statutory entitlement (28 days = 5.6 weeks). If that is so, the exact figure would be 16.8 days. Your employer is correct not to round down to 16 days and is being quite sensible in rounding up to a complete day rather than say you attend for 0.2 of whatever one of your days is. Is that right or do full-timers get more than 28 days?

anamenottaken

debnlee wrote: »

hi , im due to return to work on the 21st sept after been on maternity leave. i gave the correct 8wks notice. my holidays run from jan until the end of November , i have 17 to take and little time to take them in, i only work wkends so as you can imagine i would have to have nearly every wkend of. i asked my employer if i could take 6 hols and just work and be payed for the rest ( as i know he did this for another member of staff) he refused, so i said ok i will take all my hols on the end of my maternity leave and return to work mid November, he says i cant do this either, can anybody please give me any advice??? thanks in advance

Is it that you are not allowed to take holiday in December because of the nature of the work/business you are in?

If you are on statutory minimum entitlement, your employer is correct not to pay in lieu as you are continuing to work. However the employer cannot deny you the actual time. Can you take them as holiday (and therefore be paid for them) before you return or are you receiving maternity pay which might prevent that?

getmore4less

Ask the employer how they plan for you to take the holiday within the holiday year.

the recomended practice is to take them before or after the maternity.

The sensible thing is you remain on 3 days after maternity till the holiday is used up and then go to 2 days.

propose that

Or propose that you stay on 3 days but only work 1 or 2 to use up the holiday that way.

was there a good reason the maternity holiday not used before?


A holiday year should be a year not 11 months.

debnlee_2

yes i work in a old peoples home so although our hols are from jan to dec we arnt allowed to take any in December. i went on maternity leave last year which is why i haven't used any of my holidays accumulated for this year. so when i go bk i have the full 17 to take. my employer wont pay me for them as i work them which is fair enough, i have no choice but to drop from 3 shifts to 2 when i go back so it wouldn't be a option to do as suggested above. the thing that is bothering me is that my employer is saying that i cant take them at the end of my maternity leave , if i return to work next month as planned and squeeze in the hols i have until nov i will be having every other wkend of. surely my boss cant tell me that i cant have the hols as stated....

paddedjohn

Put the ball in his court, ask him when you are meant to take them. As stated above it would be illegal for them to either pay you for them or to prevent you having them so he has got to come up with a solution somehow.

getmore4less

debnlee wrote: »

yes i work in a old peoples home so although our hols are from jan to dec we arnt allowed to take any in December. i went on maternity leave last year which is why i haven't used any of my holidays accumulated for this year. so when i go bk i have the full 17 to take. my employer wont pay me for them as i work them which is fair enough, i have no choice but to drop from 3 shifts to 2 when i go back so it wouldn't be a option to do as suggested above. the thing that is bothering me is that my employer is saying that i cant take them at the end of my maternity leave , if i return to work next month as planned and squeeze in the hols i have until nov i will be having every other wkend of. surely my boss cant tell me that i cant have the hols as stated....

WHY, if you are on holiday why is this a problem?

If this is the employer insisting then they are creating a problem withthe outstanding holiday

It is normal to carry forwards the holidays accrued during maternity even if in a new holiday year.

Are you taking extended maternity unpaid, could have swapped some of that by returing early on holiday.

You have to ask them what plans they have for you to take the holiday.