Anyone got HR knowledge?

twoflowerluggage

I’m due to go on maternity leave soon and I want to take all my holiday leave beforehand but work have said I can’t do that, as I haven’t accrued it all. Is this correct?

My argument was that I will still be there in a year so that shouldn’t matter as I would still have accrued it on maternity leave. 

KiKi

Your employer can dictate when you take your leave anyway.  So whether you accrue it or not, they are making a choice to not let you take it right now, and that's their decision.  The best you can do is negotiate, but they aren't obliged to let you take leave at the point you want to - especially if it's not yet been accrued.

Ath_Wat

While you're at it, see if you can get your salary for the entire year paid up front as well.  After all you will still be there, so what does it matter?

Marcon

twoflowerluggage said:

I’m due to go on maternity leave soon and I want to take all my holiday leave beforehand but work have said I can’t do that, as I haven’t accrued it all. Is this correct?

No. 

twoflowerluggage said:

My argument was that I will still be there in a year so that shouldn’t matter as I would still have accrued it on maternity leave. 

Nothing wrong with that as an argument, particularly as it happens to coincide with the legal position - but you still need to agree with your employer when you will take your annual leave. 

Ath_Wat said:

While you're at it, see if you can get your salary for the entire year paid up front as well.  After all you will still be there, so what does it matter?

See https://www.acas.org.uk/your-maternity-leave-pay-and-other-rights/holiday-and-maternity-leave

theoretica

Would the timing work to start your maternity leave earlier and take your holiday at the end of the leave? 

Savvy_Sue

theoretica said:

Would the timing work to start your maternity leave earlier and take your holiday at the end of the leave? 

Indeed, that's what we encourage people to do. It can be very handy to have a short period back on full pay before you have to actually go back to work! 

Ath_Wat

Marcon said:

Ath_Wat said:

While you're at it, see if you can get your salary for the entire year paid up front as well.  After all you will still be there, so what does it matter?

See https://www.acas.org.uk/your-maternity-leave-pay-and-other-rights/holiday-and-maternity-leave

All that says it that the employer can agree to this if they want.  They can also agree to pay salary in advance if they want.

Nobody knows if the OP will still be there at the end of the maternity leave.  The company could fold.  They could leave for a better job.

Marcon

Ath_Wat said:

Marcon said:

Ath_Wat said:

While you're at it, see if you can get your salary for the entire year paid up front as well.  After all you will still be there, so what does it matter?

See https://www.acas.org.uk/your-maternity-leave-pay-and-other-rights/holiday-and-maternity-leave

All that says it that the employer can agree to this if they want.  

Exactly. It confirms that what OP is being told by her employer (that it can't be done because it hasn't been accrued) is incorrect.

Ath_Wat

Marcon said:

Ath_Wat said:

Marcon said:

Ath_Wat said:

While you're at it, see if you can get your salary for the entire year paid up front as well.  After all you will still be there, so what does it matter?

See https://www.acas.org.uk/your-maternity-leave-pay-and-other-rights/holiday-and-maternity-leave

All that says it that the employer can agree to this if they want.  

Exactly. It confirms that what OP is being told by her employer (that it can't be done because it hasn't been accrued) is incorrect.

No, they are saying the OP can't do it as they haven't accrued it yet.  The OP can't, because the company won't let them, because they haven't accrued it yet.  They didn't (as far as we know, anyway)  say "The government won't let us do it".

Undervalued

Marcon said:

twoflowerluggage said:

I’m due to go on maternity leave soon and I want to take all my holiday leave beforehand but work have said I can’t do that, as I haven’t accrued it all. Is this correct?

No. 

twoflowerluggage said:

My argument was that I will still be there in a year so that shouldn’t matter as I would still have accrued it on maternity leave. 

Nothing wrong with that as an argument, particularly as it happens to coincide with the legal position - but you still need to agree with your employer when you will take your annual leave. 

Ath_Wat said:

While you're at it, see if you can get your salary for the entire year paid up front as well.  After all you will still be there, so what does it matter?

See https://www.acas.org.uk/your-maternity-leave-pay-and-other-rights/holiday-and-maternity-leave

Exactly, and the employer can insist that the leave is taken when the OP least wants it if they have a mind to!

Which makes the other points a bit moot.

getmore4less

Why are the company happy/want the liability to carry over rather than get used before.

It does not disappear.

Negotiation needs an understanding of the motivation.