Maternity Leave and Holiday Entitlement

Bexm

Hello

Not sure if this is the right forum, but I know its full of mum's so looking for advice.

My first baby is due in the middle of March. I am currently in a good, full time job. I am planning on take the full 52 weeks off as maternity leave.
I was always planning on taking my remaining holiday before the maternity leave started (which would be 2 weeks before the due date) to give me some extra time to get ready, whilst not being out of pocket as I then get SMP.

As I always thought my holidays ran Jan-Dec as I have never seen my contract I was planning on having my whole 20 days, I have now found my holiday is actually April-April and they have told me I can't as I am already in the holiday year and not got all that holiday left.

I am planning on coming back after the leave but have no idea when I get to have this holiday as my maternity leave will run practically my whole holiday period.

Also am I entitled to the 8 bank holidays paid too?

Can anyone offer any advice as my employers are only a small company and finding stuff out as they go along, but I want to make sure they are finding out the right stuff.

The advice websites seem a bit all over the place and the info I want is difficult to find.

Anyone got any advice? Or better yet a leaflet that explains everything?

floss2

Take a look here

Bexm

floss2 wrote: »

Take a look here

Thanks floss!

I've been here but I seem to be missing something as I cant work out what happens with my holiday from it.

Bamama

Your employer should be able to find out via HMRC.

One thing I'm sure of is that you get 28 days of holiday. Bank holidays are no different to normal holidays, it's just that your employer sets 8 aside for the bank holidays.

I think when you can take them is dependant on how you usually get given them. Some companies allow you to take a years worth before you've worked the full year. Others expect you to work the hours and accrue them as you go.

If you usually have all the holidays at the beginning of your work year... then there is no reason why they should stop you taking the 28 (or however many you have left) before your ML. Or ask for some to be carried over to the next year at end of your ML.

I work for a small company too so you have plenty of opportunity to "jiggle" your holidays about. Your entitlement by law is 28 days holiday (being as you are full time) for every April-April.

Tell them to get onto HMRC and if you can, pop into your local CAB as they'll be able to give you clear information

Fire_Fox

It would be worth running an advanced search on the Employment board, maternity leave comes up regularly http://forums.moneysavingexpert.com/forumdisplay.php?f=141

mountainofdebt

As far as I understand it, even when you are on maternity leave, your benefits (inc holiday entitlement) accrue as if you still in the office.

So in effect you still have the same amount of holiday in the year even though some of that holiday year may be when you're on maternity leave.

So if they are saying that you haven't got enough holiday to take a fortnight off this raises the following questions:

a)have you had a lot of holiday already and they are correct in saying that you won't have enough holiday to take a fortnight off

b) have you considered Christmas (ie are being told that you have to take some time off as holiday) and therefore won't have enough holiday to take a fortnight off?

c) or do they think that your holiday stops accruing when you go on maternity leave and hence think you won't have enough holiday to take a fortnight

jtr2803

You will continue to accrue holiday during your MAT leave and you cannot be made to forfeit this entitlement although you can only take it at the end of your MAT leave (or be paid it - we offer both although most employees will ask to use it when their 39 weeks paid MAT leave runs out).

You will then get your normal holiday entitlement when you return to work.

Your employer does have to add on bank holidays to your leave owed, this was something I personally spoke to ACAS about when it was raised with me and I was unsure. So, for example, if you got 20 days leave and were off for the full year on maternity leave you would get the 20 days, plus bank holidays.

The fact that you do not have the annual leave to start your MAT leave early is unfortunate but you cannot have the next years leave early unless it is given at your companies discretion (and it sounds like they won't allow it).

Best of luck.

Alleycat

As others have already said, you continue to accrue annual leave during your maternity leave. Your situation sounds similar to mine in that my son was due at the end of March. I started my mat leave 4 weeks before my due date and had the full 52 weeks. I then took my 4 weeks of my accrued annual leave at the end and carried forward a week for the easter hols in April (as our company allow us to carry a max of 1 week over to April).

alwaysonthego_2

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