Will I get remaining holiday pay when I leave whilst on Maternity leave

SandA

Hello

I am currently on Maternity Leave and I am going to hand my notice in as I have decided to go to University and my OH can support our family comfortably.

I did not take any holidays before I left to go on Maternity, so will I get them after I resign? I cannot take my holidays now as I am on maternity pay (allowance).

I feel a bit screwed over to be honest. I was told I was not allowed to take my holidays before I went on maternity leave (In May) and I could take them when I got back. However, with my employer any holidays not taken by April are wiped, you don't get paid them if you have not took them. So I'm a little annoyed at that when I was informed which has contributed to my decision to leave.

So would I get them or not?

also, what do I write on my notice letter as I will not be 'working' my notice.

Thank you

flea72

Usually where mat leave and holidays are concerned the usual use it or lose it rules done come into play, because it's not possible to take them

However, why didn't you agree with your employer prior to starting mat leave that you would like to tag your AL onto the end of your ordinary mat leave. That way you would have got the full 9m SMP followed by your Paid AL

When were you originally planning on returning to work?

flea72

As long as you don't have extended notice period, then your accrued AL entitlement, should be enough to cover your notice

Just send a letter saying exactly what you intendto do and then see what they say. So, detail date you were due to return from mat leave, that you no longer plan to return and that you will using using holiday in lieu of notice.

However, if you have taken less than 1yr mat leave, you won't have accrued your full AL entitlement for the year

SandA

Sorry I haven't made myself clear, my maternity leave ends in May this year, I want to leave now. So I couldn't say id like my AL to cover my notice. I'm just wondering if I hand my notice in now while on maternity leave if I will get my Accrued holidays that I have accrued while being on maternity leave, or whether resigning will forfeit my right to the holidays accrued.

SandA

also like to add that I am not receiving SMP but Maternity Allowance through the jobcentre, as i did not earn enough to qualify for SMP.

mountainofdebt

Why not say you are going back before April but would like to use your holiday by the end of the holiday year - and then resign so effectively your usng your holiday entitlement as part of your resignation period

SandA

I would rather not go down that route but if I have to I will, I just thought companies legally had to give accrued holidays but wasn't sure if it still applied when you resign.

Thanks

flashnazia

You have a right to any holiday you accrued before the end of the holiday year; you should not lose this. You will also have a right to accrued holiday up to the end of your notice period; about ten months' worth if your notice ends end of Jan. You should get this as pay.

flashnazia

mountainofdebt wrote: »

Why not say you are going back before April but would like to use your holiday by the end of the holiday year - and then resign so effectively your usng your holiday entitlement as part of your resignation period

I don't think dishonesty is a good thing.

SandA

Do i need to say anything about it in my notice letter? or is at an automatic thing, i dont want to come across as cheeky, but the fact they have tried to screw me out of it in the first place has made me want to take it!

My employer is a big company.

Thanks

flashnazia

SandA wrote: »

I would rather not go down that route but if I have to I will, I just thought companies legally had to give accrued holidays but wasn't sure if it still applied when you resign.

Thanks

You don't have to do this. Just resign, give notice and ask for last year's holiday as well as what you have accrued for the current year.